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Property Law Keyed to Dukeminier
Rockafellor v. Gray
Facts
In 1907, the Plaintiff bought by warranty deed, 80 acres of land that had a $500.00 mortgage attached to it. The Plaintiff agreed to assume responsibility and pay the mortgage. Foreclosure was later instituted on the mortgage and the deed through Mr. Connolly was sold to the Defendants. Plaintiff brought suit to set aside the foreclosure sale. The trial court found in favor of the plaintiff, determining the foreclosure was void. Mr. Connolly appealed the court’s finding against him concerning the breach of the covenant of seisin.
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