Klapworth v. Dressler

The Chancellor.

It appears, by the master’s report, that the mortgage in question was given by the defendant, Dressier, on the 11th of August, 1853, for the whole purchase money of the mortgage premises at that time conveyed to him by the complainants. On the 1st of August, 1854, Dressier conveyed the premises to Ise, the other defendant, by a deed of bargain and sale, stating therein that the premises are sold “ subject to a mortgage for three hundred dollars, which Herman Ise does hereby *63agree and assume to pay, and it is so understood by the parties to these presents.” The master further…