Continental Assurance Co. v. Ihler

This is a suit to foreclose a mortgage given to secure the payment of a promissory note, executed by W. T. Conant and Sarah M. Conant, his wife, payable to Harry S. Cowling, of Twin Falls, on land in Twin Falls county, owned, at the time, by the Conants. They thereafter sold it to appellant, E. D. Ihler, who, as a part of the consideration for the conveyance of the land to him, assumed and agreed to pay the indebtedness. The trial resulted in a decree of foreclosure, from which this appeal has been prosecuted by Ihler and his wife.

The issue presented to the district court, and here, for…