First Trust Joint Stock Land Bank v. Thomas

Parsons, J.'

This cause was commenced March 27, 1935, by the First Trust Joint Stock Land Bank of Chicago, plaintiff, for foreclosure of a mortgage given by John E. Tuey and wife in August 1925, on 197% acres of land in Mills County, Iowa, to secure the payment of a note for $5,000.

The petition alleged that Tuey and wife had conveyed the land to Arthur B. Thomas, November 29, 1926, and that Thomas specifically assumed and agreed to pay the mortgage on said land. The petition also alleged the defendant C. H. Dashner, by referee’s deed, in accordance with the decree in partition, took sole title…