Hawley v. American Bank & Trust Co.

This suit was by the defendant in error against the plaintiff in error upon the assumption clause in a paper which appeared upon its. face to be a deed, which assumption clause purported to bind the defendant in the court below to pay a certain mortgage. The verdict was in favor of the defendant and on motion a new trial was granted.

The evidence is clear, conclusive and uncontradicted that there was never any agreement between the parties that the grantee in the deed should assume the obligation referred to; that the grantee never exercised ownership of the property by taking the same into…