Higgins v. Linn County Bank

The opinion of the court was delivered by

Johnston, C. J.:

The plaintiffs brought this action to cancel a $300 mortgage on a tract of land which the bank had conveyed to them. The petition alleged that the bank conveyed to plaintiffs by general warranty deed a tract of land which recited a consideration of $10,000 and is a general warranty deed, except “one certain mortgage to the Kansas Reserve Investment Company of $6,000 which the parties of the second part assume and agree to pay as part of the purchase price,” and that the deed was duly acknowledged and re*773corded on April 2, 1927. They…