Page:Federal Reporter, 1st Series, Volume 3.djvu/789

 782 FEDBBAL BKFOBTEB. �îng thîs controversy, can do defendant no harm ; wliereas a suspension of accommodations would work inevitable and irreparable mischief to complainants. The injunetion prayed for will, therefore, be issued. ���Hayden V. Dbdey and otliers. (Œreutt Court, N. B. Illinois., 1880.) �1. EqUITT JtTBrSDICTION — MORTGAGE FollECI^OSURK — PeRSOW AL LrABrLITT �OF MoBTGAGOB's Gkantee. — The grantee of a mortgagor assumed the mortgage debt, but it did not appear that such assumption waa a part of the consideration for the conveyance. A bill was subsequently flled to foreclose the mortgage, and obtatei a decree for any deflciency against the grantee of the mortgagor. Pending this suit the mort- gaged property was sold under a prior mortgage, and no redemption was made from such sale. Hdd, the court still had jurisdiction to pass upon the question of the personal liability of the grantee of the mortgagor. �2. MoBTOAGB — MisTAKE — PuKCHASEB. — ^The grantee of a mortgagor ean- �not set up a mistake as against the bona fide purchaser of the mort- gage notes bef ore maturity. �B. B. Bacon, for complainant. �Blodgett, D. J. The bill in this case was fîled to fore- dose a mortgage dated July 28, 1876, given by Solomon Snow and wife to secure the payments of two notes, of even date with the mortgage, for $6,000 each, payable in two and three years, respectively, to the order of the maker, and by him indorsed to J. E. Lockwood, said mortgage being subject to a prior encumbrance by trust deed to E. C. Larned, as trustee, to secure the payment of $28,000. The bill alleged that Solomon Snow, after the making of the mortgage in question, on the fourteenth of Deoember, 1875, sold and con- veyed the mortgaged premises to William C. Snow, subject to the said two encumbrances, and that William C. Snow, on the twenty-eighth day of January, 1876, conveyed the premises to Isaac M. Daggett, subject to the same encumbrances, and that Daggett, on the twelfth day of April, 1876, conveyed the premises to the defendant William Drury, subject to the said ����