Rummel v. Zeigler

— In September of 1931 Bertha Zeigler and David F. Zeigler, wife and husband, who lived in Codington County, South Dakota, executed and delivered to two of their sons, Loren and Elery, a warranty deed for 80 acres of land located in Wright County, Iowa. The recital in the deed as to the consideration is as follows: “The sum of One Dollar to her in hand paid by Loren D. Zeigler and Elery F. Zeigler,” and, “that the same are free from all encumbrances, excepting mortgage of record, which grantees assume and agree to pay.” The encumbrance on the farm at the time of the transfer was a mortgage of…