Sutter v. Rose

This was a suit in assumpsit brought by appellee against appellant upon an assumption clause contained in a certain deed made by one Charles H. Peckham and wife to the appellant, conveying certain lots in the city of Wichita, Kansas, dated May 27, 1890, for an expressed consideration of $3,005.

That clause followed the covenants of general warranty, and expressed an exception thereto, and was as follows :

“ Except a mortgage to secure a note for $1,600, dated April 5, 1889, with interest at eight per cent per annum, due on or before three years from date, which the grantee assumes and agrees to…