Combs v. Stewart

As neither Bakewell, nor any person dei-iving title from him, was a party to the suit and decree for foreclosure in favor of Honore &c. vs Bell &c., under which Combs purchased, and as the complainants in the mortgage suit and the purchaser, had notice of BakewelPs deed and title, any interest which Bakewell or his alienees had in the land sold under the mortgage, was not extinguished by the decree and sale.

If the provisions relative to the alleys in the deed to Bakewell, were mere personal or collateral covenants *464by the grantor, with respect to his own land not conveyed, they would not bind…