Gordon v. Clapp
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiff, being indebted to Napoleon B. Bryant in the sum of $500, sold and transferred to him certain personal property by a mortgage deed, containing a power of sale, and purporting to be made to secure the payment of four promissory notes, one for $500, and three for $1000 each, signed by the plaintiff, and payable to Bryant or order, said property being “really and actually subject to redemption upon the payment by the plaintiff of said…
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Bill in equity alleging that the plaintiff, being indebted to Napoleon B. Bryant in the sum of $500, sold and transferred to him certain personal property by a mortgage deed, containing a power of sale, and purporting to be made to secure the payment of four promissory notes, one for $500, and three for $1000 each, signed by the plaintiff, and payable to Bryant or order, said property being “really and actually subject to redemption upon the payment by the plaintiff of said sum of $500 so due by the plaintiff to Bryant,” “ said mortgage and transfer from the plaintiff to Bryant having been…
1Opinion of the CourtColt, J.
The jurisdiction of this court as a court of equity is limited by statute to those cases where there is not a plain, adequate and complete remedy at law. Bills to redeem mortgages of personal property, when objection to the jurisdiction is taken by demurrer, will not be entertained therefore, unless a case is disclosed in the allegations, where, from the nature of the property mortgaged, the peculiar relation of the parties, or the difficulty of ascertaining the amount to be paid or tendered, it is apparent that the mode specifically provided by statute for the redemption of such mortgages,…
2Cases cited2 opinions
- Hodgkins v. MoultonMassachusetts Supreme Judicial Court · 1868
- Boston & Fairhaven Iron Works v. MontagueMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
- Loggie v. ChandlerSupreme Judicial Court of Maine · 1901
- Frue v. LoringMassachusetts Supreme Judicial Court · 1876
- Mayhew v. Martha's Vineyard National BankMassachusetts Supreme Judicial Court · 1909