Burlingame v. Robbins

By the Court, Marvin, J.

The plaintiff sold and conveyed land to one Leonard, and, as the referee found, took from him a note for a part of the consideration. Within a year after such purchase Leonard conveyed the land to the defendant, and soon after died insolvent. The action was brought for the' purpose of enforcing the lien of the vendor, upon the land, for the unpaid purchase money, At the time the plaintiff sold the land there was a mortgage upon it, executed by him to one Denio, which was to be paid by Leonard. Leonard conveyed to the defendant subject to this mortgage. The referee…