Clark v. Henderson

(On Rehearing.)

Englert, Dist. J.

A rehearing was granted in this ease. Ad ditional briefs were filed, and the whole case was reargued. It is the ■claim of the defendant that, tinder the assumption clause contained in the deed, he may show, by parol testimony: First, that he did not assume and agree to pay the mortgages in question. Second, that there was no consideration for the mortgages; and, third, the case being one of principal and surety, that plaintiff can recover from defendant no more than he actually paid. If he paid nothing’, he can recover nothing.

All these points were considered…