Hill v. Hoeldtke

LEVY, Associate Justice.

—Defendant in error Hoeldtke sued Horstman, McLeary, Leach and plaintiff in error upon a note and to foreclose a vendor’s lien on land. The petition claimed that defendant McLeary had bought the land in question from defendant Horstman, and as a part of the consideration assumed the payment of the note sued on by plaintiff and held by plaintiff against the land, and then sold the land to the plaintiff in error, Hill', who, as a part of the consideration, assumed the payment of the note held by plaintiff. The same facts were alleged as to the note held by Leach in suit.

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