Butler v. Milner

The opinion of the court was delivered by

Dawson, J.:

F. L. Goodnight traded an automobile to G. C. Butler for a livery barn in Englewood, which barn was subject to a mortgage for $1600. Nothing was said in the course of the trade about the assumption of *464the mortgage by Goodnight. Cecil W. Newby, the local banker and notary, and who acted as scrivener, was correctly advised of the trade, but of his own volition incorporated in the deed a clause as follows:

“This deed is given subject to a mortgage of $1,600 given in favor of Marion Forsher, which mortgage said party of the second part agrees to…