Andrews v. Wolcott
New York Supreme Court
Demurrer to complaint. The plaintiff, being the owner of a farm, in Herkimer county, on the 20th day of October, 1843, executed a mortgage on the same to Lucinda Wood, to secure the payment of eight hundred dollars.
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Demurrer to complaint. The plaintiff, being the owner of a farm, in Herkimer county, on the 20th day of October, 1843, executed a mortgage on the same to Lucinda Wood, to secure the payment of eight hundred dollars. On the 7th day of March, 1845, he conveyed the said farm to the defendant Edmund W. Wolcott, subject to the mortgage in question; and on the 31st of October in the same year the defendant reconveyed 55 acres, parcel of the said farm, to the plaintiff, with covenants of warranty. The plaintiff, on the 8th day of March 1847, conveyed the said 55 acres, subject to the aforesaid…
1Opinion of the Court
By the Court, Gridley, J.
I. It is not disputed that the conveyance of the farm in question to the defendant, subject to the mortgage executed by the plaintiff to Lucinda Wood, cast on the defendant the burden of paying off that mortgage. Upon this demurrer it will be presumed that the amount of the mortgage was deducted from the purchase price; from which fact-the law will infer an obligation on the defendant to discharge the mortgage. This was so held in the case of Cox v. Wheeler, (7 Paige 248,) and in Jumel v. Jumel, (Id. 591,594.) In the latter case the conveyance was subject to the…
2Cases cited4 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Ferris v. CrawfordNew York Supreme Court · 1845
- Lamerson v. MarvinNew York Supreme Court · 1850
- Cox v. WheelerNew York Court of Chancery · 1838
3Cited by6 opinions
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Devin v. HendershottSupreme Court of Iowa · 1871
- Daughaday v. PaineSupreme Court of Minnesota · 1861
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
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