Citizens' Bank v. Succession of Cuny

The opinion of the Court was delivered by

Fenner, J.

Plaintiff had a mortgage upon a certain tract of land.. A subsequent purchaser subject to the mortgage, sold tho land so mort gaged, with other lands belonging to him aud not included'iu. the mortgage, to a third person, the act reciting:

“ This sale is made for $44,461 14, which the said purchaser has paid, as follows:

“1st. By paying in cash $4,188 14;

“2d. By assuming a mortgage in favor of the Citizens’Bank, resting; upon part of the property herein sold, amounting to $5,573;”

And as evidence of said assumption she furnished a note for that…