Cochran v. Goodell
Massachusetts Supreme Judicial Court
Writ oe entry, under the Gen. Sts. c. 140, § 8, by John M. Cochran and Daniel M. Chamberlain, against Eliza C. Goodell and Lorenzo Plimpton, to foreclose separate mortgages held by the plaintiffs upon certain land in Southbridge. The defendant Goodell made no answer, and was defaulted; and the defendant Plimpton pleaded nul disseisin.
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Writ oe entry, under the Gen. Sts. c. 140, § 8, by John M. Cochran and Daniel M. Chamberlain, against Eliza C. Goodell and Lorenzo Plimpton, to foreclose separate mortgages held by the plaintiffs upon certain land in Southbridge. The defendant Goodell made no answer, and was defaulted; and the defendant Plimpton pleaded nul disseisin. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon an agreed statement of facts, in substance as follows : On March 18, 1864, Goodell purchased a parcel of land in Southbridge, and on June 1, 1874,…
1Opinion of the CourtGray, C. J.
The objection of misjoinder of the plaintiffs cannot prevail. A writ of entry to foreclose a mortgage under the Gen. Sts. c. 140 differs from an ordinary writ of entry, and is in the nature of a bill in equity, and governed by the same rules as to parties and relief. Webster v. Vandeventer, 6 Gray, 428. Holbrook v. Bliss, 9 Allen, 69. The two mortgages from *466the defendant Goodell to the plaintiffs severally, to secure several obligations, having been given at the same time, the two mortgagees were tenants in common, and their rights were the same as if one mortgage had been made to both, to…
2Cases cited1 opinion
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Lunsford v. ShannonSupreme Court of Alabama · 1922
- Howland v. DonehooSupreme Court of Georgia · 1914
- Aldrich v. BlakeMassachusetts Supreme Judicial Court · 1883
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Plimpton v. GoodellMassachusetts Supreme Judicial Court · 1887
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