Winans v. Wilkie

Where mortgaged premises are sold and *266the deed of conveyance contains, a clause that the granteeassumes all indebtedness on the premises, and he after-wards takes an assignment of the mortgage to himself and then assigns to a third party, can such third party go into a court of chancery and foreclose such mortgage ? Such is the only question presented in this case.

Where the words inserted in the deed, and which it is claimed impose a legal obligation on the grantee to pay the existing incumbrances, are of doubtful meaning or ambiguous, evidence showing the value of the premises, or the agreed…