Young Men's Ass'n v. Croft
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit by the Young Men’s Christian Association, of Portland, to foreclose a real estate mortgage and to recover a personal decree against a grantee of the premises, who had assumed and agreed to pay the mortgage debt, notwithstanding his immediate grantors were not personally liable therefor.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit by the Young Men’s Christian Association, of Portland, to foreclose a real estate mortgage and to recover a personal decree against a grantee of the premises, who had assumed and agreed to pay the mortgage debt, notwithstanding his immediate grantors were not personally liable therefor. The facts are that one M. W. Gay, on October 19, 1889, being the owner of lots 7 and 8, in block 111, in Grover’s Addition to Portland, executed a mortgage thereon to one W. G. Begister, to secure the payment of his promissory note for $2,000, due in one…
1Opinion of the CourtJustice Moore
This appeal presents the single question whether the grantee of mortgaged premises, who accepts a deed thereto containing a recital to the effect that he assumes and agrees to pay the mortgage debt, is liable therefor *109when his immediate grantor was not personally bound. The evidence tends to show that at the time Cake purchased the lots in question, he considered them worth about $3,600 ; that he paid, on account of the purchase, the sum. of $150, and executed to Mary C. Hill and H. E. Bristow a deed of unincumbered real property, which he valued at about $1,500; and from these facts it is…
2Cases cited25 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Keller v. AshfordSupreme Court of the United States · 1890
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
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3Cited by16 opinions
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Corkrell v. PoeWashington Supreme Court · 1918
- Pankey v. National Surety Co.Oregon Supreme Court · 1925
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