Ruzyc v. Brown

Opinion by

Mr. Justice Linn,

This suit grew out of the exchange of land owned by the legal plaintiffs for land owned by defendants. Both tracts were subject to encumbrances created by the respective owners. The agreement for the exchange, and the deeds delivered in discharge of the agreement, contained provisions by which each grantee assumed and agreed to pay, as part of the consideration, the mortgage debts secured on the conveyed land. The legal plaintiffs performed, but, when the bond and mortgage matured and payment was demanded of them, the defendants defaulted. The mortgagee entered…