Elliott v. Denver Joint Stock Land Bank

This controversy relates to the validity of an assumption clause contained in a deed of conveyance of real property, reading as follows: “One certain deed of trust dated June 25, 1926, to secure to the Denver Joint Stock Land Bank, the payment of a promissory note, in the sum of $8,000 bearing even date therewith, the balance on which note the party of the second part [plaintiff in error] hereby assumes and agrees to pay.” The parties are here aligned in reverse order of their appearance in the district court, and herein reference will be made to them by name or as they there appeared.…