McKay v. Ward
Utah Supreme Court
Appeal from the Second District Court, Weber county, Hon. H. H. Rolapp, Judge. Action to foreclose a mortgage and for a deficiency judgment against B. who purchased the mortgaged property subject to the mortgage. From a judgment for plaintiff, B. appealed. “The assumption of the payment of a mortgage by a grantee of the mortgaged premises does not bind him for a deficiency if his immediate grantor was not liable to the holder of the mortgage. King v. Sullivan, 31 App.
Read the full summary
Appeal from the Second District Court, Weber county, Hon. H. H. Rolapp, Judge. Action to foreclose a mortgage and for a deficiency judgment against B. who purchased the mortgaged property subject to the mortgage. From a judgment for plaintiff, B. appealed. “The assumption of the payment of a mortgage by a grantee of the mortgaged premises does not bind him for a deficiency if his immediate grantor was not liable to the holder of the mortgage. King v. Sullivan, 31 App. Div. [N. Y.] 549; 52 N. Y. Supp. 130. '“The liability of a grantee who assumes payment of a mortgage on land conveyed to him…
1DissentBartch, C. J.
I cannot agree with my brethren that a deficiency judgment should be entered in this case.
The plaintiff brought this action to foreclose a mortgage *165executed to him by defendant Ward and wife on certain real property, and to obtain a deficiency judgment against defendant Belnap, who purchased the property covered by the mortgage. At the trial a decree of foreclosure was entered, and it was therein ordered that any deficiency which might remain after sale of the property, should be docketed against the defendant Belnap. The deficiency judgment which the majority affirm amounts to $106.25.
It…
2Cases cited53 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- 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
48 more not listed; retrieve them via the Exa API.