Nelson v. Ziegfeld

The plaintiff in error sued the defendant in error for the payments of certain notes which had been given to secure the payment of a part of the purchase price of a certain parcel of land in Palm Beach County. The makers of the notes, and a mortgage to secure the same, had sold the property to one H. P. Gray and one F. Ziegfeld. The deed conveying the property to Gray and Ziegfeld contained the following provision:

“By the acceptance of this deed the grantees herein hereby assume and agree to pay that certain mortgage dated the 29th day of June A. D. 1925, given by William B. Gray and Sarah E.…