Arnaud v. Grigg

The Chancellor.

The bill prays, among other things, for a decree for deficiency against David Mayer as to one-half of the complainant’s mortgage. His liability to such decree is based on his assumption and agreement contained in a deed from Esther Lichtenstein and her husband to him. The answer admits that by the deed he assumed and agreed to pay one-half of the mortgage, but denies his liability thereon to the complainant. It expressly pleads that the deed was, in fact, only a mortgage. In the progress of the testimony a deed of defeasance, executed by Mrs. Lichtenstein, then a widow, and Mr.…