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WILLARD v. WOOD

No. 286.

135 U.S. 309 (1890)

10 S.Ct. 831

34 L.Ed. 210

WILLARD v. WOOD.

Supreme Court of United States.

Decided May 5, 1890.

Attorney(s) appearing for the Case

Mr. Enoch Totten, (with whom was Mr. Stephen Condit on the brief,) for plaintiff in error.

Mr. John Sidney Webb, (with whom were Mr. W.B. Webb and Mr. H.R. Webb on the brief,) for defendant in error.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

This action is brought by a mortgagee against the executrix of the grantee named in, and who has accepted, a deed executed by the mortgagor only, expressed to be "subject to the mortgage," and by the terms of which the grantee "assumes and covenants to pay, satisfy and discharge" the mortgage debt. After issue joined on the pleas of never indebted and the statute of limitations...

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