Starbird v. Cranston
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. On the 80th day of July, 1891, Herbert D. Wellington executed to Tanquary & Gibson, seven promissory notes, of $1,000 each; and to secure the same, executed to John T. Gibson deeds of trust upon certain lots in the city of Denver.
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Appeal from the District Court of Arapahoe County. On the 80th day of July, 1891, Herbert D. Wellington executed to Tanquary & Gibson, seven promissory notes, of $1,000 each; and to secure the same, executed to John T. Gibson deeds of trust upon certain lots in the city of Denver. On the same day Wellington conveyed the mortgaged property to George A. Starbird and Frank B. Davis by warranty deed, which, however, contained the following clause, to wit: “Except taxes of 1891. * * * Also seven trust deeds of fl,000 each, given to John T. Gibson, trustee, for the benefit of Tanquary & Gibson; all…
1Opinion of the CourtJustice Goddard
The appellants assign numerous errors upon the rulings of the court below, which, when summarized present for our consideration the following questions :
First. Can a mortgagee maintain an action at law, in his own name, to recover his mortgage debt against a grantee who accepts a conveyance of the mortgaged premises containing an agreement to assume and pay the same ?
Second. Can appellee, as assignee and legal owner of the secured notes, maintain this action ?
Third. Can the grantor release the grantee from the obligations incurred by the assumption agreement, without the consent of the…
2Cases cited21 opinions
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