Woodburn v. Harvey

Citations

• 107 Kan. 57
• 190 P. 620
• 1920 Kan. LEXIS 11

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Verbal Assumption of Mortgage by Grantee. Where mortgaged property is conveyed and the deed contains no recital that the grantee assumes and agrees to pay the encumbrance, parol evidence is competent and admissible to prove such agreement; and when thus established, the grantee is bound thereby.</p> <p>2. Same — Assumption of Mortgage by Grantee — Parol Evidence The evidence to prove a verbal agreement by a grantee of mortgaged property that he would assume and pay the mortgage, examined, and held to meet the requirement of the rule that the proof of such parol obligation must be clear and convincing.</p> <p>3. Same — Pleadings■—Issues Properly Raised. The pleadings sufficiently raised the issue involved to require the overruling of appellant’s objection to the introduction of evidence.</p>