Schley v. . Fryer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 18, 1882, which affirmed a judgment in favor of plaintiff, entered upon decision of the court on trial without a jury. This action was upon an alleged covenant contained in a deed from Hugh Tunny to defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 18, 1882, which affirmed a judgment in favor of plaintiff, entered upon decision of the court on trial without a jury. This action was upon an alleged covenant contained in a deed from Hugh Tunny to defendant. The clause in the deed in question is as follows: “ This conveyance is made subject to two certain mortgages of $4,000 each, which the party of the second part assumes, with interest.” Plaintiff as owner of the mortgages and accompanying bonds foreclosed…
1Opinion of the CourtEarl, J.
This action is based upon a clause in a deed of Hugh Tunney to the defendant which reads as follows : “ This conveyance is made subject to two certain mortgages for $4,000 each, and which said party of the second, part assumes with interest from the 22d day of August, 1871.”
The defendant claims that the word “ assumes ” is not broad enough to impose a personal liability upon him to pay the mortgage in question. If it had been intended simply to provide that he should take the land subject to the two mortgages, the further language in this clause, in which the word “assumes” appears, would not…
2Cases cited2 opinions
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