Legal Opinion

Newton v. Evers

New York Supreme Court

Decided September 15, 1912Published

Action to foreclose a mortgage.

1Opinion of the CourtPooley, J.

This action is brought to foreclose a mortgage upon real estate, charging any deficiency that may result upon the obligors in the bond delivered at the same time, and also upon subsequent grantees to whom the property was conveyed by deeds containing assumption clauses by which the grantees assumed and agreed to pay the mortgage.

When this action was commenced nearly twenty years had run since any payment had been made on the mortgage and practically the same length of time had elapsed since Kruse conveyed the property, and plaintiff now seeks to charge him with a deficiency which seems…

2Cases cited3 opinions

  1. Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
  2. Calhoun v. . MillardNew York Court of Appeals · 1890
  3. Newton v. EversAppellate Division of the Supreme Court of the State of New York · 1911

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