Frankel v. Blank

-On May 3, 1923, the parties entered into a written contract whereby the defendant and appellee, Blank, sold to the appellant, Frankel, a 99-year lease held by him upon certain real estate in the city of Des Moines. In the contract it was expressly agreed that the premises should 1e "free and clear from any and all liens and incumbrances up to June 1, 1923, except only" a certain mortgage. On May 24, 1923, in pursuance of such contract, the appellee executed and delivered to the appellant what is designated as cc an instrument of assignment and conveyance," whereby he assigned and transferred…