Reed v. Humphrey

The opinion of the court was delivered by

Mason, J. :

This is a proceeding to review the ruling of the district court in sustaining a demurrer to a petition which alleged substantially the following facts : In 1884 Lewis A. Reed and William S. Hodge, the owners of certain real estate, executed a mortgage upon it, securing a note to William Boardman. Reed afterward conveyed his interest in the property *156to Hodge, who agreed to relieve Reed of liability on the note. Hodge then conveyed to one C. J. Mc-Divitt, who in turn conveyed to E. D. Humphrey, each deed including an assumption of the mortgage…