This section contains the nature of the case and procedural background.

On June 12, 1928, Frances and Thomas Brown, husband, and wife, executed and delivered to Morstain (P) their promissory note for $400, payable in two years from date. The note was secured by a mortgage on the property. On June 12, 1928, the Browns conveyed the premises by warranty deed to D, subject to said mortgage, and as part of the consideration, D assumed and agreed to pay the note and mortgage. D paid two installments of interest to P and on November 1, 1928, reconveyed the premises to the Browns by warranty deed for $15, subject to the mortgage. P commenced this action in April 1931, to recover the amount due and unpaid on the note. P got the judgment against D for $432.07, and D appealed.

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