Hare v. Murphy

The plaintiff, as assignee and owner of two promissory notes, and a mortgage on certain real estate given to secure *810their payment, instituted this action against the defendant, to whom the real estate had been sold by the grantee or party purchasing from the mortgagor, to recover the amount due upon the notes and mortgage, basing the suit upon a clause in the conveyance of the lands to defendant, by which it is claimed defendant assumed and agreed on his part to pay the mortgage indebtedness. The petition in the ease recites that on December 26, 1889, D. A. Spraul executed and delivered to…