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SCHRAM v. COYNE

No. 8968.

127 F.2d 205 (1942)

SCHRAM v. COYNE.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1942.

Attorney(s) appearing for the Case

Edward M. Brown, of Cincinnati, Ohio (Robert S. Marx, Frank E. Wood, and Edward M. Brown, all of Cincinnati, Ohio, Lawrence I. Levi and Frank Wiseman, both of Detroit, Mich., and Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellant.

Glenn D. Curtis, of Detroit, Mich. (Bulkley, Ledyard, Dickinson & Wright, of Detroit, Mich., on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

In 1926, Adolph Deutsch and his wife executed a real estate mortgage on certain premises to a bank. Thereafter, they conveyed the property to appellee by warranty deed, which set forth that it was free and clear of all encumbrances except the above-mentioned mortgage, which appellee "assumes and agrees to pay according to its terms and stipulations." The last payment on the mortgage was made by appellee on July 25, 1932, and the mortgage...

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