Gardiner v. Gerrish
Supreme Judicial Court of Maine
This was a bill in equity against Joseph M. Gerrish and William E. Edwards, and was heard on bill, answer and proof. The facts are sufficiently stated in the opinion of the Court. contended that the Court had jurisdiction on either of the grounds, of its relating to a mortgage, of trust, fraud, or accident and mistake. The defendants hold under the tax title in trust for the plaintiff as assignee of the mortgagee.
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This was a bill in equity against Joseph M. Gerrish and William E. Edwards, and was heard on bill, answer and proof. The facts are sufficiently stated in the opinion of the Court. contended that the Court had jurisdiction on either of the grounds, of its relating to a mortgage, of trust, fraud, or accident and mistake. The defendants hold under the tax title in trust for the plaintiff as assignee of the mortgagee. The defendants are bound to pay the taxes upon the land, imposed before the conveyance to them as well as afterwards. They purchased as mortgagors and not as strangers. They were…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
—This is a bill in equity. Under the limited powers of this Court, in matters of equity, it becomes necessary, in the first place, that we should ascertain, that the case presented comes within the limitation. The application is on the part of a mortgagee ; but not for a foreclosure. The power conferred over mortgages is only in cases of foreclosure and redemption. We have, therefore, not cognizance of the matter of the bill under that head. It is, however, urged, that the case presented involves a case of trust or fraud or both; and so…
2Cited by4 opinions
- Murray v. NewsonSupreme Court of Florida · 1933
- Kezer v. CliffordSupreme Court of New Hampshire · 1879
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Danforth v. GautreauSupreme Judicial Court of Maine · 1989