Aldrich v. Van Hemert

EVANS, J.-

-I. In August, 1920, John Van Hemert bought a farm for a consideration of $63,000, and took the same subject to a mortgage for $48,000, assuming and agreeing to pay the same. The difference between the mortgage and the purchase price was paid by him. In 1925, he became in default under this mortgage, and the same was foreclosed, and the farm was sold under execution, leaving a deficiency judgment of $15,000. In April, 1922, Van Hemert, holding jointly with his wife a mortgage for $25,000, assigned his interest therein to his wife. This is the transfer which is assailed herein by the…