Genesee Valley National Bank & Trust Co. v. Bolton

Appellants are alleged to have accepted a deed of certain realty from the heirs of its owner who had incumbered the premises with a mortgage executed to secure an obligation manifested by a bond. The deed contained an assumption clause purporting to bind appellants personally. The judgment here on appeal declares appellants to be liable for a deficiency resulting from a sale of the premises in a mortgage foreclosure action. The theory upon which the judgment is based seems to be that the deed was accepted by appellants and was recorded and that that sufficed to make the assumption clause…