Smith v. Kibbe

*161The opinion of the court was delivered by

Johnston, C. J.:

This action was brought to compel the executor of an estate to pay an indebtedness secured by a mortgage upon land of the estate of a deceased person out of the proceeds of the personal estate, and in that way exonerate the land from the lien of the mortgage.

In 1909, Thomas Haney owned a farm on which there was a mortgage of $3,000. He sold it to Bussart and Collier, and in the contract of purchase it was stipulated that they assumed and would pay the mortgage debt. In the deed, however, there was no mention made of the assumption, but…