Hicks v. McGarry

Plaintiff sued defendant before a justice upon an implied covenant in a deed, and *668obtained judgment which was reversed on certiorari. She brings error on the reversal.

Plaintiff held a mortgage in her own name against Eobert Le Eoy and wife, who conveyed the mortgaged premises to McGarry by deed with the following clause: “The above premises are conveyed subject to a mortgage given by the parties of the first part to Austin Wakeman for the sum of six hundred dollars, which the said party of the second part assumes and agrees to pay.”

There was no mortgage given to or ever held by Wakeman, but…