William H. Dunning, Respondents v. Clara B. Leavitt, Impleaded

Summary

The New York Court of Appeals reversed the General Term and affirmed the Special Term judgment, holding that Mrs. Leavitt's covenant to pay the mortgage was unenforceable because the consideration—title to the land—failed when she was evicted under paramount title. The court reasoned that the mortgagee could not enforce the covenant absent valid consideration and that defenses arising from the original parties barred the claim. A dissent argued that the consideration was sufficient and that the plaintiffs could enforce the covenant. The majority opinion thus upheld the judgment against the appellant.