Lunsford v. Empire Realty & Mortgage Co.
Lunsford v. Empire Realty & Mortgage Co.
Opinion of the Court
This is an appeal from the final decree of the chancery court, and the cause was submitted upon the pleading and exhibits and the evidence of the complainant, the respondent offering no testimony. It is sufficient to say that the material averments of the bill were either admitted in the respondent’s answer, or were, at least, prima facie proved by the evidence.
There was also evidence that the respondent was the grantee under the deed with such a knowledge as to make the recital therein as to the assumption of the mortgage indebtedness binding on her. Especially was the chancery court justified in this conclusion upon the complainant’s proof, unexplained and uncontradicted by the respondent.
The decreq of the chancery court is affirmed.
Affirmed.
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