Legal Opinion

Caverly v. Simpson

Massachusetts Supreme Judicial Court

Decided March 4, 1882PublishedCited by 3 opinions

Bill in equity, filed April 5, 1881, by the administrator with the will annexed of Daniel Eastman, Sen., alleging that two parcels of land in Lowell belonging to Daniel Eastman, Jun. were mortgaged to the defendant by five successive mortgages, which were yet undischarged upon the records, and were clouds upon the title; that by deed dated June 19, 1877, Eastman, Jun. gave to the defendant a quitclaim deed of these parcels of land, the consideration of which was the giving…

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Bill in equity, filed April 5, 1881, by the administrator with the will annexed of Daniel Eastman, Sen., alleging that two parcels of land in Lowell belonging to Daniel Eastman, Jun. were mortgaged to the defendant by five successive mortgages, which were yet undischarged upon the records, and were clouds upon the title; that by deed dated June 19, 1877, Eastman, Jun. gave to the defendant a quitclaim deed of these parcels of land, the consideration of which was the giving up and cancel-ling of the mortgages; that on June 20, 1877, the defendant gave to Eastman, Sen. a bond in the penal sum…

1Opinion of the CourtW. Allen, J.

This bill cannot be maintained as a bill to redeem a mortgage. The bond given to Daniel Eastman, Sen. cannot operate as a defeasance of the deed given by Daniel Eastman, Jun. The transactions were different, at different' times, and between different parties, and cannot be treated as constituting a mortgage without violating the intention of the parties and the rules of law. Flagg v. Mann, 14 Pick. 467.

As a bill to compel the specific performance of a contract to convey land, it cannot be maintained by the plaintiff under his general authority as administrator. The interest in such a contract…

2Cases cited1 opinion

  1. Hathaway v. ValentineMassachusetts Supreme Judicial Court · 1778

3Cited by3 opinions

  1. Polson v. StewartMassachusetts Supreme Judicial Court · 1897
  2. Brown v. BrownMassachusetts Supreme Judicial Court · 1911
  3. Eastman v. SimpsonMassachusetts Supreme Judicial Court · 1885

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