Willard v. Wood - 135 U.S. 309 (1890)

U.S. Supreme Court

Willard v. Wood, 135 U.S. 309 (1890)

Willard v. Wood

No. 286

Argued April 22, 1890

Decided May 5, 1890

135 U.S. 309

ERROR TO THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

The question whether the remedy of a mortgagee against a grantee of the mortgagor, to enforce an agreement of such grantee, contained in the deed to him, to pay the mortgage debt is at law or in equity is governed by the lex fori.

Page 135 U. S. 310

In the District of Columbia, a mortgagee can enforce an agreement of the grantee of the mortgagor, contained in the deed to him, to pay the mortgage debt by bill in equity only, although by the law of the place where the land is and where the mortgage and the subsequent deed were made, he might sue the grantee at law.