Trusdell v. Dowden

Van Fleet, V. C.

This action is founded on a bond and mortgage, bearing date February 14th, 1890, made by James C. McGeragle to the complainant, whereby McGeragle bound himself to pay $5,000, with interest, at the end of four months from the date of the bond and *397mortgage. The bill alleges that McGeragle subsequently, and on ■the 18th day of April, 1890, conveyed the mortgaged premises to the defendant, subject to the complainant’s mortgage, and that the deed to the defendant contains a clause which reads as follows:

“Said premises are conveyed subject to a mortgage for §5,000, dated February…