Lewis v. Crowell
Massachusetts Supreme Judicial Court
Petition filed in the Land Court on July 20, 1908, under It. L. c. 182, § 15, (St. 1882, c. 237,) to remove a cloud from the title to a lot of land of the petitioners on Bradford Street in Provincetown by declaring the discharge of a mortgage on the land, which was given on April 30, 1858, by William Whalen to David' Crowell, late of Beverly, to secure the payment of $150 with interest in two years from that date.
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Petition filed in the Land Court on July 20, 1908, under It. L. c. 182, § 15, (St. 1882, c. 237,) to remove a cloud from the title to a lot of land of the petitioners on Bradford Street in Provincetown by declaring the discharge of a mortgage on the land, which was given on April 30, 1858, by William Whalen to David' Crowell, late of Beverly, to secure the payment of $150 with interest in two years from that date. At the trial in the Land Court before Davis, J., the facts appeared in evidence which are stated in the opinion. There also was evidence that the condition of the mortgage had not…
1Opinion of the CourtKnowlton, C. J.
This case presents a question in regard to the construction of the R L. c. 182, § 15, (St. 1882, c. 237,) which has been referred tojn former cases, but not decided. The facts come within the language of the statute, and give the court jurisdiction to enter a decree for the petitioner, within the decision in McMahan v. McMahan, ante, 99, unless by implication the finding 16 that the condition of the mortgage has not been performed ” takes the case out of the statute and leaves the mortgage in full force.
It has been said in former decisions that the object of the statute is to provide for the…
2Cases cited2 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Mitchell v. BickfordMassachusetts Supreme Judicial Court · 1906
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- Taylor v. State Compensation CommissionerWest Virginia Supreme Court · 1955
- Salinsky v. Perma-Home Corp.Massachusetts Appeals Court · 1983
- Town of Brookline v. CareyMassachusetts Supreme Judicial Court · 1969
- Greer v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1941
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