Summary

Portrait of Henry Billings Brown Henry Billings Brown Johns v. Wilson — Opinion of the Court

The question whether a mortgagee can recover against the grantee of the mortgagor upon a stipulation in his deed from the mortgagor to assume and pay off the mortgage, as well as the more general question how far a third party may avail himself of a promise made by the defendant to another party, has been the subject of much discussion and difference of opinion in the courts of the several states
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Johns v. Wilson — Opinion of the Court

Where the mortgagee has no knowledge, and no means of knowing, that the mortgaged property has been sold by the person in whose name it stands of record,-especially where such sale is brought about by a fraudulent conspiracy between the vendor and vendee, and the conveyance is withheld from record for the purpose of misleading the mortgagee,-we know of no objection to a second foreclosure for the purpose of terminating the rights of the vendee.
Source: Wikisource

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