Dunning v. . Leavitt
New York Court of Appeals
Appeal' from order of the General Term of the Supreme Court, in the second judicial department, made February 9, 1880, which reversed a judgment in favor of defendant, Clara B. Leavitt, entered upon a decision of the court on trial at Special Term. (Reported below, sub nom. Dunning v. Fisher, 20 Hun, 178.) This was an action to foreclose a mortgage, upon real estate situate in the city of Brooklyn.
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Appeal' from order of the General Term of the Supreme Court, in the second judicial department, made February 9, 1880, which reversed a judgment in favor of defendant, Clara B. Leavitt, entered upon a decision of the court on trial at Special Term. (Reported below, sub nom. Dunning v. Fisher, 20 Hun, 178.) This was an action to foreclose a mortgage, upon real estate situate in the city of Brooklyn. The material facts are as follows: On the 15th day of May, 1856, Ebenezer L. Roberts executed and delivered to William Tasker, a deed of the premises covered by the mortgage, which conveyance was…
1Opinion of the CourtAndrews, J.
The assumption clause, in the deed from Fuller to Mrs. Leavitt, "was in effect a covenant on her part to pay the plaintiffs’ mortgage, as part of the purchase-price of the land. Her grantor, Fuller, in his conveyance from the mortgagors, had bound himself by a similar covenant. If the covenant by Mrs. Leavitt to pay the mortgage is still binding upon her, no doubt can be entertained of the right of the plaintiffs in this action to enforce it for their security, and to a judgment over against her for any deficiency which may arise on the sale of the mortgaged premises. (Halsey v. Reed, 9…
2Cases cited10 opinions
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- Abbott v. AllenNew York Court of Chancery · 1817
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- Loeb v. . WillisNew York Court of Appeals · 1885
- Meyerson v. New Idea Hosiery Co.Supreme Court of Alabama · 1927
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