Brewer v. Rosenbaum

(dissenting) — I dissent. The purpose of the appeal is not to subject the interests of defendants in land to the payment of the mortgage which was of record at the time they became interested in the title to the land, but to make them pay the debt of another to a third person on account of an assumption clause in the deeds to them. Such a contract, even if oral, is valid and, if established according to the quantum of proof required, will be enforced.

From the date of the case of Ordway v. Downey, 18 Wash. 412, 51 Pac. 1047, 52 Pac. 228, 63 Am. St. 892, thirty-seven years ago, until the…