Chase National Bank v. Hastings

The opinion of the court was delivered by

Gordon, J.

In August, 1892, John L. Austin executed ■and delivered to J. K. Edmiston two promissory notes, one for $4,000, and one for $8,000, due in six months and in ■one year, respectively, and at the same time executed to Edmiston a mortgage upon certain real property to secure “the payment of the notes. Within a month thereafter, Austin, the mortgagor, conveyed the mortgaged premises by warranty deed to Edmiston, the mortgagee, in which deed Edmiston assumed and agreed to pay the mortgage indebtedness, and at the time of taking this deed Edmiston…