New York Court of Appeals

Sylvester W. Comstock, Respondent v. Helen E. Drohan, Appellant

October 2, 187771 N.Y. 9

Summary

The Court affirmed the judgment, holding that a grantee who assumes a mortgage is liable to indemnify the grantor for any deficiency, that the mortgaged land is the primary fund for payment, that the grantor may recover the deficiency from the grantee without deducting foreclosure costs, and that notice of foreclosure and a leave of court are not required for the grantor's action.