White v. Augello

Smith, Edward N., J.

On the 3d of July, 1923, the plaintiff owned certain real estate which was subject to a mortgage held by the Rome Savings Bank for $18,500; on that day he conveyed the premises to John Augello and Rosaría Augello by deed in which the grantees agreed and assumed to pay said mortgage as a part of the purchase price. The grantees on the same day executed to the plaintiff a second purchase-money mortgage on said premises in the sum of $15,150. On July 1, 1925, the defendants Augello conveyed the premises to a corporation known as Family Theatre, Inc., by deed in which the…