Green v. Hall
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Davis, J. The facts are stated by the commissioner. Evidence of a parol agreement by the vendees to assume payment of the mortgage is inadmissible. (Lewis v. Day, 53 Ia., 575; Remington v. Palmer, 62 N. Y., 31; Conover v. Brown, 29 N. J. Eq., 510.) The recital in the deed that the land is sold subject to a mortgage should not be made the basis of a deficiency judgment against the purchaser.
Read the full summary
Appeal from the district court of Douglas county. Heard below before Davis, J. The facts are stated by the commissioner. Evidence of a parol agreement by the vendees to assume payment of the mortgage is inadmissible. (Lewis v. Day, 53 Ia., 575; Remington v. Palmer, 62 N. Y., 31; Conover v. Brown, 29 N. J. Eq., 510.) The recital in the deed that the land is sold subject to a mortgage should not be made the basis of a deficiency judgment against the purchaser. (Jones, Mortgages [2d ed.], sec. 751; Bennett v. Bates, 94 N. Y., 354.) The deficiency judgment is justified under the rulings in…
1Opinion of the Court
Ryan, C.
This action was brought in the district court of Douglas county for the foreclosure of a mortgage made February 28, 1889, by the defendants George W. Hall and Helen M. Hall to plaintiff,securing payment of the sum of $6,000, due in five years from said date, which debt was evidenced by two promissory notes, one for $4,000 and the other for $2,000. On March 28, 1889, George W. Hall and his wife conveyed the mortgaged premises to Yictor H. Coffman. This deed was by its terms subject to the above described mortgage, which mortgage was expressly excepted from the covenants of warranty. On…
2Cases cited3 opinions
- Cooper v. FossNebraska Supreme Court · 1884
- Rockwell v. Blair Savings BankNebraska Supreme Court · 1891
- Reynolds v. DietzNebraska Supreme Court · 1894
3Cited by12 opinions
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
- Merriam v. MilesNebraska Supreme Court · 1898
- Coleman v. BeckNebraska Supreme Court · 1942
7 more not listed; retrieve them via the Exa API.