Carney v. Jacobson

I. This is an action at law, to recover the amount of a certain note, secured by a mortgage on real estate in Murray County, Minnesota, executed February 27, 1920, by Lewis Tolde and wife and J. W. Erickson and wife to Berger Stemsrud. The note and mortgage were subsequently transferred to appellees, who are the present owners thereof. On January 19, 1922, Tolde and wife conveyed to appellant their interest in the Minnesota land by warranty deed containing the following provision:

"Excepting a mortgage for $13,000.00, a mortgage for $23,000.00, a mortgage for $8,000.00 and a public ditch lien…