Kuzemchak v. Pitchford

OPINION

SPIESS, Judge, Court of Appeals-.

The question presented is whether a provision of a contract to convey lands by which the vendee agreed to assume a mortgage thereon, merged in a deed subsequently executed, in pursuance of the contract, which expressed no agreement by the vendee to assume the mortgage indebtedness but which operated merely to convey title to the vendee subject to the lien of the ¡mortgage.

- Appellants entered into a written contract - with appellees whereby appellants agreed to convey certain improved real estate of theirs to appellees. The land was encumbered by a…