Vrooman v. . Turner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming „ a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 Hun,78.) This was an action to foreclose a mortgage. The mortgage was executed in August, 1873, by defend- • ant Evans, who then owned the mortgaged premises. He conveyed the same to one Mitchell, and through various mesne conveyances the title came to one Sanborn.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming „ a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 Hun,78.) This was an action to foreclose a mortgage. The mortgage was executed in August, 1873, by defend- • ant Evans, who then owned the mortgaged premises. He conveyed the same to one Mitchell, and through various mesne conveyances the title came to one Sanborn. In none of these conveyances did the grantee assume to pay the mortgage. Sanborn conveyed the same to defendant Harriet B. Turner, by…
1Opinion of the CourtAllen, J.
The precise question presented by the appeal in this action has been twice before the courts of this State, and received the same solution in each. It first arose in King v. Whitely, 10 Paige, 465, decided in 1843. There the grantor of an equity of redemption in mortgaged premises, neither legally nor equitably interested in the payment of the bond and mortgage except so far as the same were a charge upon his- interest in tlie lands, conveyed the lands subject to the mortgage, and the conveyance recited that the grantees therein assumed the mortgage, and were to pay off the same as a part of…
2Cases cited9 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Farley v. ClevelandNew York Supreme Court · 1825
- Halsey v. ReedNew York Court of Chancery · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Rosseau v. . RoussNew York Court of Appeals · 1904
194 more not listed; retrieve them via the Exa API.