Hartley v. . Harrison
New York Court of Appeals
Appeal from the Supreme Court. Action for the foreclosure of three mortgages upon-the same premises. The referee, before whom the cause was tried, found these facts; Two of the mortgages executed by Henry Harrison and wife to the plaintiff’s testator, in regard to which alone any question was made in the case, were executed upon a usurious agreement for the loan of money.
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Appeal from the Supreme Court. Action for the foreclosure of three mortgages upon-the same premises. The referee, before whom the cause was tried, found these facts; Two of the mortgages executed by Henry Harrison and wife to the plaintiff’s testator, in regard to which alone any question was made in the case, were executed upon a usurious agreement for the loan of money. Subsequent to the execution of these mortgages, Heniy Harrison and wife conveyed the land in fee to Joseph Harrison, by deed with warranty, containing, among other' things, the following provision: “ This conveyance is made…
1Opinion of the CourtMason, J.
The rule is a familiar one that when the owner of land mortgages it to secure the payment of a debt, and afterwards sells and conveys the equity of redemption subject to the lien of the mortgage, and the purchaser assumes the payment of the mortgage as a portion of the purchase-money, the latter becomes personally liable for the payment of the debt of the former to the holder of the mortgage. (Russell v. Pistor and Wife, 3 Seld., 171, 173, 174; Halsey v. Read, 9 Paige, 446; Marsh v. Pike, 10 Paige, 595, 597; Cornell v. Prescott, 2 Barb. S. C., 16; Blyer v. Monhalland, 2 Sandf. Ch., 478;…
2Cases cited7 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Pratt v. AdamsNew York Court of Chancery · 1839
- Halsey v. ReedNew York Court of Chancery · 1842
- Marsh v. PikeNew York Court of Chancery · 1844
- Shufelt v. ShufeltNew York Court of Chancery · 1841
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3Cited by49 opinions
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Bennett v. . BatesNew York Court of Appeals · 1884
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Lee v. NewmanMississippi Supreme Court · 1877
- Comstock v. SmithMichigan Supreme Court · 1873
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