Dieckman v. Walser

The opinion of the court was delivered by

Heher, J.

The mortgage foreclosed in this proceeding covered tracts numbered 2, 3 and 4. At the time of the conveyance of tracts 2 and 3 to 1231 Boulevard East Corporation, the amount due on the decree was $35,000, pins interest. Vice-Chancellor Bigelow found that the grantee of lots 2 and 3 assumed the payment of the full sum due upon the decree, and gave effect to that undertaking. This finding of fact is amply supported by the proofs.

Respondent alleged an oral assumption agreement. The deed conveyed the lands “subject to mortgages and taxes.”…