Chase v. Brandis

The question we have before us is upon the validity of a covenant to assume and pay mortgages in a deed from a trustee in bankruptcy. Plaintiff, appellant, owner of two certain mortgages, seeks to foreclose them, and in his complaint he asks for a deficiency judgment against defendants, respondents. One of the mortgages in suit was made by Edward and Ella Graystone, and the payment of the other was assumed by them in the deed of the premises, which was delivered to and accepted by them when they acquired title. Thereafter the Graystones were adjudicated bankrupts and a trustee of their…