Hyland's Estate v. Foote's Estate

The executor of the will of William Hyland, late of Watertown, N. Y., presented a claim against the estate of F. E. Foote, late of Cornwall, Vt., based upon a certain promissory note secured by a mortgage on real estate in Florida. The claim was disallowed by the commissioners, and the plaintiff appealed. At the trial below, a verdict was ordered for the plaintiff, and judgment was rendered thereon. The defendant excepted.

Foote was not a party to the note, but he bought the real estate above referred to, and the warranty deed which he accepted, contained this provision: “This conveyance is…