Solicitors' Loan & Trust Co. v. Robins

The opinion of the court was delivered by

Scott, J.

This action was brought to foreclose a mortgage on certain real estate, executed by the de*508fendants Tyler and wife to the plaintiff. Subsequent to giving the mortgage they conveyed the land to respondent Samuel C. Robins. The deed excepted the mortgage in question from the warranty clause and contained a statement that the grantee assumed - and agreed to pay the mortgage debt. The complaint alleged this and also that the same was the community debt of Robins and his wife. This allegation was not denied by either of them, but they disclaimed any…