Corning v. Burton

7 Hooker, J.

On May 8, 1886, Burton and Ellsworth •executed and delivered to Corning a promissory note for $3,200, and secured it by a mortgage upon real estate. In October, 1887, Burton deeded an undivided half of the premises to Dickerson, the deed stating that it was subject to a mortgage of $3,200 and accrued interest thereon, “one-half of which incumbrarice^Shd debt said second party [i. ■e., Dickerson] assumes and agrees to pay.” On November 10, 1887, Ellsworth deeded to Dickerson the other undivided half of the land, by a deed containing similar provisions. On July 25, 1888, said…