Wales v. Sherwood

—Phillips, the mortgagor, conveyed the premises to the defendant Sherwood, in consideration of $36,000, of which Sherwood paid cash only $11,250, and assumed and agreed to pay the mortgage as the remaining portion of the consideration-money. The statement in the conveyance which creates this agreement, immediately after the habendum, clause, is in these words: “Which said'mortgage, with the interest thereon from November 30, 1872, the party of the second part hereby assumes and agrees to pay, the same forming a part of the consideration-money hereby expressed.” The defendant Sherwood accepted…