Drury v. Hayden
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE' UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an appeal from a decree in equity, in favor of the holder of promissory notes secured by a mortgage of land in Chicago, for the payment by the appellant personally of the sum due on those notes.
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APPEAL FROM THE CIRCUIT COURT OF THE' UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an appeal from a decree in equity, in favor of the holder of promissory notes secured by a mortgage of land in Chicago, for the payment by the appellant personally of the sum due on those notes. The material facts appearing by the pleadings and proofs were as follows: On July 28th, 1875, Solomon Snow, owning the land, made two mortgages thereof, in the form of trust deeds, with power of sale in case of default in payment of the principal or interest of certain promissory notes of the same date,…
1Opinion of the CourtJustice Gray
He stated the facts in the foregoing language, and continued:
The case presented by the pleadings and proofs appears to us a plain one.
It is unnecessary, for the purpose of deciding it, to consider any of those questions, suggested at the argument, upon which there have been varying decisions in different States; such as, whether an agreement of the grantee, in a deed poll of land, to assume and pay an existing mortgage, is in the nature of an assumpsit, implied from the acceptance of the deed, or is in the nature of a covenant, being in an instrument sealed by the other party ; whether a suit…
2Cases cited2 opinions
- Swift v. SmithSupreme Court of the United States · 1880
- New Orleans Canal & Banking Co. v. MontgomerySupreme Court of the United States · 1877
3Cited by27 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Willard v. WoodSupreme Court of the United States · 1896
- Metropolitan Bank v. St. Louis Dispatch Co.Supreme Court of the United States · 1893
- Starbird v. CranstonSupreme Court of Colorado · 1897
- Eppes v. ThompsonSupreme Court of Alabama · 1918
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