Carter v. Burns

* NOTE: Opinion filed at October Term. 1932, March 16, 1933; motion for rehearing filed; motion overruled at May Term, June 12, 1933. This is an action at law in four counts to enforce an agreement to assume and pay four notes, each of which was secured by a deed of trust on a farm of 1418.87 acres in Chariton County. It was tried before the court without a jury. At the same time there was pending an action in equity to compel the release of a prior deed of trust on the farm. That case, Carter v. Burns, administrator, 61 S.W.2d 944, is decided concurrently herewith. Both cases were tried at…