McKay v. Ward
Utah Supreme Court
Appeal from the Second District Court, Weber county, Hon. H. H. Rolapp, Judge. Action to foreclose a mortgage and for a deficiency judgment against B. who purchased the mortgaged property subject to the mortgage. From a judgment for plaintiff, B. appealed. “The assumption of the payment of a mortgage by a grantee of the mortgaged premises does not bind him for a deficiency if his immediate grantor was not liable to the holder of the mortgage. King v. Sullivan, 31 App.
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Appeal from the Second District Court, Weber county, Hon. H. H. Rolapp, Judge. Action to foreclose a mortgage and for a deficiency judgment against B. who purchased the mortgaged property subject to the mortgage. From a judgment for plaintiff, B. appealed. “The assumption of the payment of a mortgage by a grantee of the mortgaged premises does not bind him for a deficiency if his immediate grantor was not liable to the holder of the mortgage. King v. Sullivan, 31 App. Div. [N. Y.] 549; 52 N. Y. Supp. 130. '“The liability of a grantee who assumes payment of a mortgage on land conveyed to him…
1Opinion of the CourtMiner, J.
This was an action to foreclose a mortgage given by defendant Ward and wife, and for a deficiency judgment against Belnap, who took a conveyance of the property, subject to the mortgage, and assumed and agreed to pay it. A deficiency judgment was given against Belnap from which judgment he appeals.
The court found, among other things, that Ward and wife, while owning the premises on the 13th day of August, 1890, gave the notes in question to the plaintiff, which notes were secured by a mortgage on the property in question, due one year after date; that on November 11, 1893, Ward sold and…
Also in this document: Concurrence.
2Cases cited13 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Bay v. WilliamsIllinois Supreme Court · 1884
- Heim v. VogelSupreme Court of Missouri · 1879
- Bassett v. HughesWisconsin Supreme Court · 1877
- Montgomery v. RiefUtah Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Utah National Bank of Salt Lake City v. NelsonUtah Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.