Tarbell v. Page
Massachusetts Supreme Judicial Court
Trespass quare clausum for entering upon the plaintiff’s premises, situated in the town of Shirley, on December 24,1888, and tearing down and removing a dwelling-house thereon. At the trial in the Superior Court, before Sherman, J., the following facts were agreed.
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Trespass quare clausum for entering upon the plaintiff’s premises, situated in the town of Shirley, on December 24,1888, and tearing down and removing a dwelling-house thereon. At the trial in the Superior Court, before Sherman, J., the following facts were agreed. In June, 1874, one McMullen mortgaged a tract of fifty acres, including the premises in question, to one Bathrick; and in August of the same year he conveyed his equity therein to one O’Mealey, who in 1876 gave a second mortgage of the entire tract to the plaintiff. In 1877 the plaintiff conveyed to O’Mealey by quitclaim deed in…
1Opinion of the CourtKnowlton, J.
The plaintiff, as mortgagee in possession under a certificate of entry for a breach of the condition, had a sufficient title to the real estate to give him a right of action against the defendant for entering on the premises and tearing down and carrying away the dwelling-house standing thereon.
The license given the defendant by the owner of the equity of redemption to enter on the land and remove the house erected *258by him in case the owner of the equity should fail to pay him the amount of his indebtedness, was invalid as against the holder of the prior mortgage. Clary v. Owen, 15 Gray, 522.…
2Cases cited3 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Thompson v. VintonMassachusetts Supreme Judicial Court · 1876
- Huzzey v. HeffernanMassachusetts Supreme Judicial Court · 1887
3Cited by10 opinions
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Silverblatt v. LivadasMassachusetts Supreme Judicial Court · 1960
- Long v. RichardsMassachusetts Supreme Judicial Court · 1898
- Bankers' & Merchants' Credit Co. v. Harlem Park Building & Loan Ass'nCourt of Appeals of Maryland · 1931
- J. H. Gerlach Co. v. NoyesMassachusetts Supreme Judicial Court · 1922
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