Bowen v. . Beck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 21, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Murphy. The mortgagor, in 1863 and after the execution of the mortgage, conveyed a portion of the mortgaged premises to defendants Beck and Tucker.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 21, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Murphy. The mortgagor, in 1863 and after the execution of the mortgage, conveyed a portion of the mortgaged premises to defendants Beck and Tucker. The conveyance, which purported to be an “ indenture,” but which was executed by the grantor only, contained a clause to the effect that the conveyance…
1Opinion of the CourtAndrews, J.
The right of the plaintiff to recover in this action is not controverted, assuming that the clause contained in the conveyance of February 19, 1863, from Philip Murphy to the defendants Beck and Tucker, by which the grantees assumed and agreed to pay the mortgage from Murphy to Jackson on the land conveyed, and to which the conveyance was subject, amounts to a covenant of the grantees to pay the mortgage. Upon that assumption the defense of the statute of limitations, which is the only defense to the action, fails. The sole question therefore is whether the defendants, Beck and Tucker,' can…
2Cases cited1 opinion
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
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