Unger v. Smith

The main features of this case may very briefly be stated. In December, 1875, plaintiff and defendant made an exchange of certain real estate, and in the deed from Smith to Unger a clause was inserted that “this conveyance subject.to a mortgage executed by Joseph Smith and wife to Henry W. Bly for the amount of four hundred dollars and inferest, dated sometime in the month oí September, October or November, 1875, due two years from date, which said mortgage the party of the second part hereby agrees to pay.” The party of the second part, Mrs. Unger, did pay this mortgage, and the present…