Strauss v. Braiker

Dora Braiker, mortgagor in a mortgage to secure an issue of bonds, conveyed to Julius Berman and David Davis by warranty deed, tbe grantees assuming and agreeing to pay the mortgage debt.

Tbe question here on tbe appeal of Davis is tbe right of tbe mortgagee and trustee to have personal decree for deficiency against him, and tbe denial of such right is based upon a purported assignment by Dora Braiker of “tbe covenant in said deed, that tbe vendees therein assume and agree to pay tbe mortgages therein set forth,” to Edward J. Strata and Gerson Cass, otherwise strangers to tbe matter.

After tbe…