Union Trust Co. v. Allen

Taylor, Marsh N., J.

In this action to foreclose a mortgage on real property now owned by the defendant Helen C. Allen, plaintiffs demand judgment against the defendants Joseph Bevacqua and Don C. Allen, former owners of the property, for any deficiency which may remain after applying the proceeds of the sale to the payment of the mortgage debt.

Plaintiffs’ claims are based upon an assumption clause in the deed, pursuant to which Bevacqua acquired title to the property, and a similar clause in a deed thereof, from Bevacqua to Don Allen. Bevacqua, for his defense, asserts that the assumption…