Stevens v. Dedham Institution for Savings
Massachusetts Supreme Judicial Court
Bill in equity, filed January 22,1870, against the Dedham Institution for Savings, Otis G-. Randall and Abby A. Randall, his wife, George Homes and Elizabeth C. Homes, his wife, to redeem a parcel of land in that part of Boston formerly Roxbury, from a mortgage.
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Bill in equity, filed January 22,1870, against the Dedham Institution for Savings, Otis G-. Randall and Abby A. Randall, his wife, George Homes and Elizabeth C. Homes, his wife, to redeem a parcel of land in that part of Boston formerly Roxbury, from a mortgage. The case was heard by Lord, J., on the pleadings and proofs, and reserved for the consideration of the full court, upon a report, in substance as follows: On June 21, 1845, the plaintiff, who then held a mortgage on the land, executed to him by Gilbert T. Hawes on June 9,1845, to secure the payment of a promissory note for $7320,…
1Opinion of the CourtSoule, J.
The only question before us in this cause is as to the right of the plaintiff to redeem certain real estate from mortgage. He does not seek to recover the proceeds of land sold.
The defendant corporation, as assignee of the mortgage given by Hawes to the plaintiff, was entitled to institute proceedings for foreclosing the mortgage; and the judgment in the suit for foreclosure, followed by possession for three years, made the title of the corporation absolute as against the mortgagor. But, the mortgage having been assigned as collateral security for the note of the plaintiff, the foreclosure…
2Cases cited1 opinion
- Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
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- Jennings v. WyzanskiMassachusetts Supreme Judicial Court · 1905
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