Thompson v. Dearborn

Citations

• 107 Ill. 87
• 1883 Ill. LEXIS 230

Syllabus

<p>1. Default—what is admitted thereby. The default of a defendant in a bill in chancery admits such facts as are properly alleged in the bill, but not their sufficiency to authorize the decree sought. .</p> <p>2. Contract to pay a third person—who may sue—Statute of Frauds. Where one person enters into a simple contract with another for the benefit of a third person not a party thereto, the latter may maintain an action for the breach, and such a contract is not within the Statute of Frauds.</p> <p>3. Purchaser—subject to prior incumbrance—assuming payment thereof—of his personal liability. Where a person becomes the purchaser of real estate by deed, which is incumbered by mortgage, and in the deed it is stipulated and agreed that the purchaser assumes and is to pay the debt as a part of the consideration, the contract creates a personal liability on the purchaser, which may be enforced in an appropriate action.</p> <p>4. The mere fact, however, of the execution and acknowledgment of a deed for land by a mortgagor, with a clause therein that the grantee should pay the mortgage indebtedness, and its being recorded, is not sufficient to create a personal liability on the part of the grantee to pay such indebtedness. To bind him, it must be further alleged and proved that he assented to such clause, and this may be shown by proof that he signed and sealed the deed, or that the deed was delivered to and accepted by him. By the acceptance of the deed his assent to all it contains may be inferred.</p> <p>5. In a suit in equity by a mortgagee against the grantee of the mortgagor, to obtain a personal decree for the sum due on the mortgage, the bill alleged that the mortgagor and wife, by their deed of a certain date, under their hands and seals, duly acknowledged according to law, sold and conveyed all the premises described in the mortgage to the defendant, in and by which deed the defendant assumed payment of said mortgage, and covenanted and agreed to pay the same as p