Gary v. Parker

The mortgage foreclosed in this case was executed as security for the payment of a purchase-money note, which recites that it is given for a mule bought from the payee “after a full inspection of same” by the buyer, who received the same “in good order,” and agrees to pay therefor “although it may die;” and that “the loss, death, damage, or destruction of said property, or any part thereof shall in no way abate the payment of this note or any part thereof,” the buyer “assuming all the risk,” and purchasing the property described on his “own judgment, and without any warranty express or…