Carnahan v. Lloyd
Court of Appeals of Kansas
Memorandum. — Error from Sheridan district'court; Charles W. Smith, judge. Action by W. H. Carnahan against Walter Lloyd to recover on an agreement to assume and pay a real estate mortgage. Judgment for defendant. Plaintiff brings the case to this court.
1Opinion of the Court
.The opinion of the court was delivered by
Garver, J. :
April 25, 1889, the defendant, Walter Lloyd, purchased a tract of land from one Jame>*606Rominger, the deed of conveyance therefor reciting that it “was subject to a mortgage of $350 now on said land, which said mortgage said grantee assumes and agrees to pay.” This action was commenced against Lloyd on said agreement October 25, 1894. The note and mortgage evidencing the debt alleged to have been assumed were executed March 1, 1888, by James. Rominger in favor of W. H. Lichty, and called for the payment of said sum of $350, with interest, in…
2Cases cited4 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Washington v. HobartSupreme Court of Kansas · 1876
- Eggan v. BriggsSupreme Court of Kansas · 1880
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- Reserve Loan Life Ins. Co. v. SimmonsSupreme Court of Oklahoma · 1928