Vrooman v. Turner

69 N.Y. 280 (Ct. App. 1877)

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Nature of the Case

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Facts

Evans (D) executed a mortgage in favor of Vrooman (P) on real property. The property was conveyed to other parties, but none of them agreed to assume D's mortgage. One of the grantees then conveyed the land to Turner (D1) who agreed to assume the mortgage until it was discharged. P sued to foreclose on the mortgage. The trial court held D1 personally liable for a deficiency after the sale of the property. D1 appealed.