Collins v. Rowe
New York Supreme Court
Brenton H. Collins brought an action against Griffith Rowe and others, to foreclose a mortgage on lands. The facts- appear in the opinion.
1Opinion of the CourtVan Vorst, J.
It is quite well settled that the acceptance of a conveyance, containing words importing that the grantee will pay a mortgage, which is a lien upon the premises, and referred to in the deed, imposes upon him an engagement to do so * (Trotter v. Hughes, 12 N. Y. 74). Precise and formal words are unnecessary. The inquiry is, what was the intention of the parties (Belmont v. Coman, 22 N. Y. 438).
In this latter case, the acceptance of a deed, with a habendum clause, subject to four mortgages, which had been estimated as a part of the consideration money, and deducted therefrom, was held to create…
2Cases cited7 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Belmont v. . ComanNew York Court of Appeals · 1860
- Trotter v. . HughesNew York Court of Appeals · 1854
- Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
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