Porter v. Hubbard
Massachusetts Supreme Judicial Court
Tort for the conversion of four boxes of tobacco. Answer, a general denial. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: In 1875, Moses 0. Porter, who owned a farm, a part of which was used for raising tobacco, and a part for various other crops, mortgaged the tobacco land to Samuel H. Dickinson. On March 1, 1876, the equity of redemption of Moses was attached by Augusta A. Porter.
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Tort for the conversion of four boxes of tobacco. Answer, a general denial. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: In 1875, Moses 0. Porter, who owned a farm, a part of which was used for raising tobacco, and a part for various other crops, mortgaged the tobacco land to Samuel H. Dickinson. On March 1, 1876, the equity of redemption of Moses was attached by Augusta A. Porter. On August 15, 1876, Dickinson made an entry for breach of the condition of his mortgage, and a certificate of entry was duly executed…
1Opinion of the CourtField, J.
After Dickinson entered upon the tobacco land for breach of the condition of his mortgage, a certificate whereof was duly made and recorded, the legal title to the crops then growing or thereafter raised was in him. After such entry, the legal possession was in the mortgagee, although the mortgagor remained in actual occupation. Thompson v. Vinton, 121 Mass. 139.
*237If Augusta A. Porter became a tenant at will to the mortgagee, she would be entitled to the crops during the tenancy, but this tenancy must be established by a contract between the parties. As a person claiming title under the…
2Cases cited5 opinions
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Thompson v. VintonMassachusetts Supreme Judicial Court · 1876
- Emmons v. ScudderMassachusetts Supreme Judicial Court · 1874
- Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
- Morse v. MerrittMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Connors v. WickMassachusetts Supreme Judicial Court · 1945
- Williams v. SederMassachusetts Supreme Judicial Court · 1940
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Maloney v. HayesMassachusetts Supreme Judicial Court · 1910
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