KUZEMCHAK v. PITCHFORD

No. 8235.

431 P.2d 756 (1967)

78 N.M. 378

Peter KUZEMCHAK and Lois Kuzemchak, Plaintiffs-Appellants, v. C.R. PITCHFORD and Jean Pitchford, Defendants-Appellees.

Supreme Court of New Mexico.

September 11, 1967.


Attorney(s) appearing for the Case

Hanna & Mercer, Albuquerque, for appellants.

No attorney for appellees.


OPINION

SPIESS, Judge, Court of Appeals.

The question presented is whether a provision of a contract to convey lands by which the vendee agreed to assume a mortgage thereon, merged in a deed subsequently executed, in pursuance of the contract, which expressed no agreement by the vendee to assume the mortgage indebtedness but which operated merely to convey title to the vendee subject to the lien of the mortgage.

Appellants entered into a written...

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