Brenner v. Ebbets-McKeever Exhibition Co.

Plaintiffs move to strike out the affirmative defense of the defendant Ebbets-McKeever Exhibition Company, Inc., as insufficient in law and for summary judgment.

The action is to foreclose a mortgage on real property. From the defense which is sought to be stricken out the following appears: On July 9, 1923, one David R. Daly conveyed a portion of the property in suit to Walter and Allen E. Brenner by a deed containing the following clause: “ Subject to a mortgage to secure the sum of $6,000 and interest, covering the premises hereby conveyed with other property adjoining same in the rear,…