
    No. 472
    No. 20319
    The Community Discount and Mortgage Co. et al. v. Adolph Joseph.
    Error to the Court of Appeals of Logan county.
    997. REAL ESTATE — 305. Conveyances— 787. Mortgages — 191. Burden of Proof — 1. An assumption agreement of grantee in a conveyance to pay off a mortgage on the real estate, may .be rescinded before accepted, adopted or operated on in faith thereof.
    2.An answer of grantee setting up the rescission, states a good defense, and burden is on mortgagee to plead and prove such acceptance or adoption or action on faith of the same.
   MATTHIAS, J.

1. A contract in a conveyance of real estate whereby the grantee assumes and agrees to pay the mortgage indebtedness thereon may be rescinded and the grantee released therefrom by the mortgagor before the mortgagee has accepted or adopted said contract or acted on the faith thereof.

2. An answer of a grantee setting up the rescission of such contract made in good faith and for a valid consideration states a complete defense, and the burden is upon the mortgagee to plead and prove prior acceptance or adoption of such assumption contract, or action by him on the faith thereof.

Judgment affirmed.

Day, Allen, Kinkade, Robinson and Jones, JJ., concur.  