Bond v. Dolby

This is an action for the foreclosure of a mortgage. The appellant purchased the land of the mortgagor, and is made a party defendant to the action. The petition alleges that as a part of the purchase price he assumed and agreed ta *492pay the debt secured by the mortgage and thereby becamé personally liable to the plaintiff for the payment of the same. The answer of appellant denies the allegations of the petition and alleges that the mortgagor, Dolby, never owned the premises described in the mortgage. This allegation is denied by the reply.

From the evidence introduced upon the trial it appears…