 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 страница
...grantee to pay, no technical relation of principal and surety arises between them, yet as the laud is the primary fund for the payment of the debt, in respect thereto and to the extent of ita value the grantee stands in the relation of a principal debtor, and tlie grantor has an equity... | |
 | 1908 - 1134 страница
...grantee a principal debtor, since he owes no debt, and is not personally a debtor at all; and yet, since the land is the primary fund for the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of the bond,... | |
 | 1903 - 1256 страница
...grantee a principal debtor, since he owes no debt, and is not personally a debtor at all; and yet since the land is the primary fund for the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of tie bond,... | |
 | 1914 - 1290 страница
...grantee a principal debtor, since he owes no debt and is not personally a debtor at all, and yet, since the land is the primary fund for the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of the bond,... | |
 | Charles Hastings Wiltsie - 1889 - 1248 страница
...personally liable for the debt, will simply lose the premises in case of foreclosure,9 because in such case the land is the primary fund for the payment of the debt, and must be so applied.* The most that can be claimed for the words " under and subject to" in a conveyance... | |
 | Norman Fetter - 1895 - 490 страница
...of the mortgage. As between a mortgagor and his grantee of the premises, "subject to" the mortgage, the land is the primary fund for the payment of the debt. Consequently, a mortgagor who is compelled by the. mortgagee to discharge the debt out of his individual... | |
 | Robert Campbell - 1896 - 964 страница
...perceived why the pecuniary condition of the mortgagor should be a consideration of any importance. The land is the primary fund for the payment of the debt secured by the mortgage. The mortgagee may resort in the first instance to the land for payment, and... | |
 | James Barr Ames - 1900 - 600 страница
...grantee a principal debtor, since he owes no debt, and is not personally a debtor at all, and yet, since the land is the primary fund for ' the payment of the debt, and so his property stands specifically liable to the extent of its value in exoneration of the bond,... | |
 | 1903 - 1254 страница
...foreclosure to the sum of $325, and that no interest had been paid on the bond and mortgage from the I3th day of April, 1901. It also appeared that such grantee...v. Marshall, 94 NY 611; Antisdel v. Williamson, 165 NY 372, 59 NE 207. Where the mortgagee, after a transfer of the title of the premises covered by the... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1910 - 784 страница
...agreed to pay mortgage debt. 10:470. Rate of interest enforceable against assuming grantee. 10:470. The land is the primary fund for the payment of the debt. 6:594. Right of parties to rescind or change covenant of assumption as against the mortgagee. 6:595.... | |
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... surety, the terms of whose contract have been modified. We cannot accurately denominate the grantee a principal debtor, since he owes no debt, and is not personally a debtor at all; and yet, since the land is the primary fund for the payment of the... 
