Willard v. Wood
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was-, an action at law. by the administrator of. the assignee, of a mortgage against the executrix of a purchaser of the equity of redemption to recover so much of the mortgage debt as remained unsatisfied after a foreclosure sale. The declaration set forth the substance of the.facts after-wards agreed by the parties. , The .defendant pleaded: 1st, That the testator was never indebted as alleged; 2d.
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ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was-, an action at law. by the administrator of. the assignee, of a mortgage against the executrix of a purchaser of the equity of redemption to recover so much of the mortgage debt as remained unsatisfied after a foreclosure sale. The declaration set forth the substance of the.facts after-wards agreed by the parties. , The .defendant pleaded: 1st, That the testator was never indebted as alleged; 2d. The statute. of limitations of three years. The plaintiff joined issue on both pleas. The case was heard in the Supreme Court of the…
1Opinion of the Court
Mr. Justice GbIy,
after stating the case as above, delivered the opinion of the court.. This action is brought by a mortgagee against the executrix of the grantee nanqed in, and who has accepted, a deed executed by the mortgagor only, expressed to be “ subject to the mortgage,” and by the terms of which .the grantee “ assumes and Covenants to pay, satisfy and discharge” the mortgage debt. After issue joined on the pleas of never indebted and the statute of limitations of three years, the. case was submitted, and judgment rendered for the defendant, upon an agreed statement of facts.
By the…
2Cases cited21 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Keller v. AshfordSupreme Court of the United States · 1890
- Burr v. . BeersNew York Court of Appeals · 1861
- Hendrick v. LindsaySupreme Court of the United States · 1876
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
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3Cited by82 opinions
- Willard v. WoodSupreme Court of the United States · 1896
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Thacker v. Hubard & Appleby, Inc.Supreme Court of Virginia · 1918
- Compagnie Francaise De Navigation a Vapeur v. BonnasseCourt of Appeals for the Second Circuit · 1927
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