Beardsley v. Stephens

FOSTER, C.

This is an action in which E. I-I. Ryan brings a foreclosure suit on a mortgage covering 80 acres of land orig inally executed by Harry I). Joll. Joll transferred the land by deed to C. W. Stephens, who bought the land subject to the mortgage without assuming or agreeing to pay the same. O. W. Stephens sold the land to Dan Beardsley subject to the mortgage, but with a clause in the deed that the grantee, Dan Beardsley “assumes payment of and agrees to satisfy” the mortgage with interest at maturity.

In the original petition, which was filed in said cause, Ryan only asked for a…