White

The parties herein had exchanged two pieces of real estate, each subject to mortgage. The mortgage upon the property of the plaintiff was afterward foreclosed by the mortgagee and sold -'in satisfaction thereof, leaving a deficiency of $2,264.90. The mortgagee thereupon brought suit against the plaintiff for the amount of the deficiency and the plaintiff in turn brought suit against the defendants, alleging that the defendants in the transaction for the exchange of properties had assumed and agreed to pay the mortgage and were therefore liable to him for such deficiency. Subsequent to the beginning of the suit the plaintiff paid the amount of the deficiency and by way of supplemental complaint set up the fact of such payment. Judgment was rendered for plaintiff, and defendants appeal. Defendants’ main contention on the appeal is that the written agreement for the exchange of the real properties of plaintiff and defendants and the deeds which were exchanged in pursuance thereof provided that each party should take the property transferred to it subject to the mortgage thereon. That as there was no agreement either in the deeds or in the written contract for exchange by which the…