Cobb v. Fishel

Prior to the adjudication in Starbird v. Cranston, 24 Colo. 20, the liability of the grantee who assumed the payment of *385a mortgage upon property conveyed to him, was a matter of large professional discussion. The diversity of opinion proceeded from the circumstance that the authorities were not uniform in the results at which they arrived and in the reasons which they gave for the support of the doctrine announced. Since the Starbird case however the question has been entirely settled in this state, and it is wholly clear that the liability is one which arises out of contract and constitutes…