Teachers' Retirement Fund Ass'n v. Pirie

The appellant, Isaac D. Hunt, denies that he agreed to assume the mortgage and questions the construction of the assumption clause of the deed from Pirie and Husted, and their wives, and, by his cross-complaint, seeks a reformation thereof upon the ground that the assumption clause was placed in the deed by mistake or by fraud. These are the only issues before this court and affect only the matter of the liability of appellant Hunt to the plaintiff, or to the rest of the mortgagors, Pirie and Husted and their wives, for the deficiency due the plaintiff after the sale of the mortgaged premises.