Abell v. Coons

Citations

• 7 Cal. 105

Syllabus

<p>Where the plaintiff, being the owner of an undivided one-half of a tract of land, mortgaged hi? interest therein to A, and subsequently, with his co-tenant, conveyed the land to B and 0, two-thirds to one and one-third to the other, by two separate deeds, in each of which is set forth the agreement of the grantees to assume the payment of the mortgage j and after the mortgage fell due, the plaintiff filed his bill against B and C, to compel a foreclosure and payment: JEÍeld, that the case was one of chancery jurisdiction, and that it was not necessary for plaintiff first to pay off the mortgage before bringing his action.</p> <p>The assumption of the payment of the mortgage by tho defendants, did not extend it over the whole land, nor does it amount to an understanding to pay it as part of the purchase-money, so as to give the vendors a lien on the whole land.</p>