McAndrew v. Sowell

Citations

• 100 Kan. 47
• 163 P. 653
• 1917 Kan. LEXIS 257

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Alleging. Execution of Deed — Assumption of Mortgage-— No Verified Denial — Allegation Taken as True. Under the provision of the code that an allegation of the execution of a written instrument is taken as true unless denied under oath, the omission to verify the denial of a statement in a petition that the owner of mortgaged real estate had conveyed it to the defendant by a deed containing a clause by which the grantee assumed and agreed to pay the incumbrance is equivalent to an admission that such a deed was executed, and the execution in this sense includes the delivery to and acceptance by the defendant.</p> <p>2. Deed — Assumption of Mortgage — Statute of Frauds. The assumption by a grantee of an incumbrance upon the property conveyed is not a promise to pay the' debt of another in such sense as to bring it within the statute of frauds.</p>