Henry v. . Heggie
Supreme Court of North Carolina
Appeal by defendant from Peebles, Jat April Term, 1913, of GRANVILLE. Tbe defendant, desiring to purcbáse a bouse and lot from the plaintiff, which- were subject to two mortgages, executed by the plaintiff, one in favor of H. M. G-illis for about $900, and the other in favor of W. L. Taylor for about $150, agreed to buy the same for the sum of $25, subject to present encumbrances as stated above.
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Appeal by defendant from Peebles, Jat April Term, 1913, of GRANVILLE. Tbe defendant, desiring to purcbáse a bouse and lot from the plaintiff, which- were subject to two mortgages, executed by the plaintiff, one in favor of H. M. G-illis for about $900, and the other in favor of W. L. Taylor for about $150, agreed to buy the same for the sum of $25, subject to present encumbrances as stated above. The price asked by the plaintiff was $1,075, and in the letter to him agreeing to buy the property, defendant stated that the payment of the $25 for the property, subject- to the mortgages, would…
1Opinion of the Court
Walker, J.,
after stating the case: We do'not think that the written agreement to buy the lot constituted an assumption of the mortgages, so as to make the defendant liable. personally to the plaintiff for the amount” he paid to satisfy the Taylor debt. The rule, as settled by the authorities, so far as applicable here, is thus stated in 27 Cyc., at pp. 1342, 1343, 1344; “Where a conveyance 'of land is made expressly subject to an existing mortgage, the effect, as between the grantor and the grantee, is to charge the encumbrance primarily on the land, so as to prevent the purchaser from…
2Cases cited12 opinions
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
- Belmont v. . ComanNew York Court of Appeals · 1860
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
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3Cited by8 opinions
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- Branch Banking & Trust Co. v. Kenyon Investment Corp.Court of Appeals of North Carolina · 1985
- Midkiff v. ColtonCourt of Appeals for the Fourth Circuit · 1917
- Consolidated Realty Corp. v. DunlopCourt of Appeals for the D.C. Circuit · 1940
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