Follansbee v. Johnson

G-ilfillan, G. J.

On November 5, 1878, Amanda A. and Louis F. Menage made their note to Henry G. Menage, and, to secure it, executed their mortgage upon three lots in Minneapolis. November 19, 1878, they conveyed the lots to defendant. In the deed of conveyance was a clause to the effect that, as a part of the consideration for it, the grantee assumed and agreed to pay the grantor’s note and mortgage. Afterwards the mortgagee assigned the note and mortgage to plaintiff. This is a personal action to recover, on the defendant’s contract with his grantor, the debt secured by the note and mortgage.