Cooper v. Marsh

H. L. Marsh was the owner of 249 acres of land. On March 1,1921, Marsh and his wife gave to the plaintiff in this action a mortgage for $12,000 on said land. The mortgage was due March 1, 1925.- It was subject to a first mortgage of $7,000 on 160 acres of the land and subject to a mortgage of $7,200 on 89 acres of the land. On February 14, 1923, Marsh conveyed the 160 acres to the defendant Hamm. The conveyance was subject to the plaintiff’s mortgage, but Hamm did not assume or agree to pay the mortgage, under the terms of the conveyance. Hamm rented the 160 acres to a tenant named Philpott,…