Title Guarantee & Trust Co. v. Weiher

The defendant Weiher executed a mortgage on certain real estate to Maud L. Hall and Edith L. Hall. Subsequently he conveyed the said premises to one Burgart. In the said deed, which was duly recorded, appears the following stipulation, viz.: “ Subject, however, to a certain mortgage for $13,000, made by Lorenz F. J. Weiher, Jr.,” etc. (the mortgage in question), * * * “ which mortgage the said party of the second part ” (said Burgart) “ hereby assumes and agrees to pay as part of the consideration of this grant.” Burgart conveyed the property in turn to one Bohlen, and the said premises…