Reynolds v. Johnson

Stevens, J. —

The facts are not in dispute in this case. Briefly, they are as follows: On January 10, 1916, appellant entered into a contract in writing with one McCreary, for the purchase of the northwest quarter of Section ^4 — —33, subject to two mortgages amountjng to $5110; which he agreed to assume and pay, as a part of the purchase price. On January 14, 1916, McCreary and his brother, both single, conveyed the above described premises to appellant by warranty deed, which recited :

“That they [the premises] are free from incumbrance except a first mortgage for $3,800.00 and a second…