Fielding v. Iler

Action for foreclosure of a mortgage given as security for the payment of a promissory note dated Decern ber 21, 1908, and payable three years after date. In July, 1909, the defendant Iler, maker of the note and mortgage, conveyed the mortgaged premises to the defendants Anderson, who are husband and wife. This conveyance contained the stipulation “that the same ivas made subject to said mortgage which the parties of the second part therein assumed and agreed to pay.” Thereupon the defendants Anderson entered into possession of the mortgaged premises, and paid interest upon the mortgage debt…