Jones

This action was to foreclose a mortgage upon certain real property. The case comes here on appeal from, the judgment rendered as prayed for, for the sale of the mortgaged premises, and in case of a deficiency arising from said sale, for the deficiency balance as against the defendants. Mrs. Eddy, one of the defendants, does not appeal.

The mortgage was made to secure certain promissory notes executed and delivered in favor of George and Olive Scoville, who have assigned the same to the plaintiff, Jones.

Verch 'and Sanborn, wrho are the appellants here, were the purchasers from Mrs. Eddy, of her interest in the mortgaged premises.

Among other things, the court, in its fourth finding of fact, found from the pleadings that when Verch and Sanborn bought her interest they “ assumed and agreed to pay said notes and mortgage according to the terms thereof, which, assumption and agreement was made with said Jemima Eddy, and said assumption and agreement was to the benefit of George Scoville andwlive Scoville, and on said twenty-seventh day of October, 1887, said interest of Jemima Eddy in said premises was, by her deed bearing date on that day, and since recorded in book 321 of deeds,…