Baldwin v. Emery

Tbe material facts in tbis case are as follows:—

December 15, 1890, the plaintiff, being the owner in fee of certain land in Minnesota subject to a mortgage, conveyed the same to tbe defendant’s executor by deed containing tbe provision: — “Subject to tbe payment of one certain mortgage for $1,020, dated November 12, 1890, and due as follows: — $510 due November 12, 1891, and $510 due November 12, 1892, witb interest at the rate of eight per cent per annum payable annually and which said second party [meaning tbe grantee] assumes and agrees to pay as part of tbe purchase price of above…