Hoeft v. Kuhnz

The defendants J. E. Kennedy and Mary C. Kennedy are the grantees of the original mortgagors, Arthur H. Kuhnz and Bessie Kuhnz. The warranty deed to the Kennedys contains an express assumption of the mortgage under foreclosure. Two questions are raised by defendants Kennedy. It is first contended that they are entitled to reformation of the deed upon the ground of mutual mistake. It is claimed that the deed in question was delivered in execution of a contract of sale, by the terms of which it was agreed that the property in question would be conveyed to the Kennedys “subject to mortgage of…