Shockley v. Roelli

The facts found by the trial court are sustained by the evidence, and the only question raised by the appeal is one of law. Are the Olsons personally liable for a deficiency judgment? They claim they are not because no deed assuming liability of the mortgage was executed or. delivered to them. 'The defense fails for two reasons: First, the agreement to pay a mortgage need not be in the deed. It may be in a separate instrument. Here it was contained in the land contract. That was sufficient. 4 Ballard, Ann. Law Real Prop. sec. 535; 3 Tiffany, Real Prop. (2d ed.) § 623; 14 Ballard, Real Prop. §…