Linke v. Curley

Judgment reversed upon the law and the facts, with costs, counterclaim dismissed, and judgment of foreclosure, etc., directed in favor of the plaintiff for the amount demanded in the complaint, with interest and costs. In an action to foreclose a purchase-money mortgage the grantee may not defend against foreclosure by alleging failure of title in his grantor. (Peabody v. Kent, 213 N. Y. 154, 159, where it was said: “ The judgment of the Appellate Division must be upheld solely on the ground that a grantee of land *633* * * who has given a purchase-money mortgage in part payment therefor, may not…