New York Supreme Court May 21, 1891 (Coffin v. Lockhart)

Learned, P. J.

The complaint avers that the plaintiff, in 1880, executed his bond and mortgage to one Parsons, payable January 1,1883; that in October, 1885, he sold the premises to defendant, who covenanted to pay the bond and mortgage as part consideration of the premises; that they have not paid the same; that said bond and mortgage are payable. Parsons is not a party to the action.