Fielding

Action for foreclosure of a mortgage given as security for the payment of a promissory note dated Decern ber 21, 1908, and payable three years after date. In July, 1909, the defendant Iler, maker of the note and mortgage, conveyed the mortgaged premises to the defendants Anderson, who are husband and wife. This conveyance contained the stipulation “that the same ivas made subject to said mortgage which the parties of the second part therein assumed and agreed to pay.” Thereupon the defendants Anderson entered into possession of the mortgaged premises, and paid interest upon the mortgage debt to the plaintiff from the summer of 1909 until September, 1915. About the middle of December, 1915, the plaintiff wrote the defendants Anderson, calling their attention to the fact that the time was drawing near for new papers to be made out and asked them “to make up a deed of trust instead of a mortgage.” Two days before the expiration of the statutory period of limitation on the original promissory note, the defendant, Josephine V. Anderson, wrote the following letter to plaintiff":

About December 27, 1915, defendants Anderson called upon plaintiff and offered to pay interest on the…