Mutual Benefit Life Insurance v. Howell

The Chancellor.

The question presented for decision is, whether the complainant is entitled to a decree for deficiency against the administrators of the estate of John S. Smith, deceased. The liability of the estate to a decree for deficiency is based on an assumption, by the intestate, of the complainant’s mortgage, in a deed from the mortgagor to him for the mortgaged premises, and a bond given to the complainant *147by the intestate, with condition to pay to the complainant the mortgage debt in one year from the date of the bond, February 24th, 1876, with interest. The intestate died in March,…