Remington an undivided one-half interest in said 50 acres by a warranty deed in which the grantee assumed and agreed to pay one-half of said mortgage and the debt thereby secured. On November 19, 1872, said Janette Goodenough conveyed to William I.

On December 19, 1864, said Metcalf conveyed the remaining 50 acres to Janette Goodenough and Isaiah Remington by a warranty deed in which the grantees covenanted and agreed to pay said mortgage and the debt thereby secured to said bank. On October 3, 1864, Metcalf, the original mortgagor, conveyed the 25-acre parcel of said lands to one Harmon Anderson by a warranty deed which contained no reference to said mortgage. This bond and mortgage were transferred by various mesne assignments to the plaintiff herein. The lands mortgaged are situated in the town and county of Oswego, state of New York, and consist of two parcels, the first of which contains 50 acres, and the second 25 acres, both being described as parts of subdivision 1 of lot No. The mortgage was given as collateral security to a bond of the same import. Metcalf to the Oswego City Savings Bank on the 6th day of May, 1864, to secure the payment of $1,300 and interest in one year from the date thereof. This action was brought to foreclose a mortgage given by the defendant David D.

1127) affirming a judgment in favor of plaintiff (33 N. From a judgment of the appellate division (42 N. Appeal from supreme court, appellate division, Fourth department.Īction by John J.

Janetter jones remingnton mortgage