Weaver

This action was brought to foreclose a mortgage executed by Margaret Griffith and R. B. Johnson to secure the payment of their note for four thousand five hundred dollars to plaintiff.

After the mortgage was executed and recorded appellants purchased the premises, and took a deed from R. B. Johnson, who had become the sole owner, in which was contained the following:

The deed was executed January 17, 1893, and was in performance of an agreement between Johnson and appellants made December 20, 1892. In that agreement it was stipulated that Johnson should receive from ap *548 pellants a described tract of land, in consideration of which, and of one thousand dollars cash, he would convey to appellants various tracts, and among them the mortgaged premises. Some of the other tracts were also encumbered. As to one, it was stipulated that it should be conveyed; subject to a mortgage of eighteen hundred and fifty dollars; as to the mortgaged premises in question here, that it should be conveyed “subject to the indebtedness thereon.”

It is contended that the deed does not accord with the agreement in this, that by the agreement appellants were to take the land subject to the mortgage,…