Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings Bank

The plaintiff, as assignee of Neponsit

Realty Company, has brought this action to foreclose a hen upon land which the defendant owns. The lien, it is alleged, arises from a covenant, condition or charge contained in a deed of conveyance of the land from Neponsit Realty Company to a predecessor in title of the defendant. The defendant purchased the land at a judicial sale. The referee’s deed to the defendant and every deed in the defendant’s chain of title since the conveyance of the land by Neponsit Realty Company purports to convey the property subject to the covenant, condition or charge…