Legal Opinion
Douglass v. Cross
New York Supreme Court
Decided October 15, 1878PublishedCited by 1 opinion
Action of foreclosure with claim for deficiency.
1Opinion of the Court
Van Vorst, J.—
The defendant, Byme, claims that he is not liable for any deficiency, which may arise, upon the sale of the mortgaged premises.
The premises were conveyed to him by Nelson Cross, the' mortgagor and owner, by warranty deed dated the 27th day of March, 1877.
The consideration, expressed in the deed, is. the sum of $15,000.
The premises were conveyed “subject, however, to the *331assumption, as a part of the consideration ” of the conveyance, of' the mortgage under consideration.
The question arises, does this language amount to an agreement on the part of the grantee to pay this mortgage ?
2Cases cited2 opinions
- Belmont v. . ComanNew York Court of Appeals · 1860
- Buffalo & Allegany Railroad v. CaryNew York Court of Appeals · 1862
3Cited by1 opinion
- Mann v. . Munch BreweryNew York Court of Appeals · 1919