La Rue v. Bloch

This is a suit to recover judgment for a deficiency of nearly $1000 in the payment of the debt after the foreclosure of a mortgagee given to plaintiff by one Firestone on a hotel in Kansas. After giving the mortgage, Firestone conveyed the hotel to the defendant'Bloch. This'suit is based upon an alleged assumption and agreement on the part of Bloch, in the deed to him, to pay said mortgage.

After denying generally, defendant set up that if the deed contained a clause assuming and agreeing to pay said mortgage, it was fraudulently inserted in said deed without defendant’s knowledge or consent,…