New York Court of Appeals
Isabelle K. Arnold, Appellants v. George A. Green, Respondent
November 26, 1889116 N.Y. 566
Summary
The Court affirmed the judgment granting specific performance of the land sale, holding that the defendant, by paying the mortgage, became an equitable assignee and subrogee of the mortgage and could enforce it for reimbursement and protection of his interest in the land. Because the defendant's method of payment was underhanded, the Court required him to defer enforcement of the mortgage and did not award costs.