Eichhammer v. Parsons

The action lies in conversion. On October 1, 1927, defendant and her husband conveyed to plaintiff premises in Suffolk county, on which there was and still is a building. As part payment plaintiff delivered to her Ms purchase-money mortgage, wMeh provided that all buildings on the premises “ may be removed by the mortgagor and are not included in or affected by the lien of tMs mortgage.” Plaintiff defaulted and defendant foreclosed the mortgage and the action proceeded to judgment and sale. The judgment and notice of sale contained the above provision embodied in the mortgage. The complaint…