Page v. Franklin
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 15 and amended on March 28, 1912. The bill, as amended, was as follows: First. The plaintiff alleged that on or about September 11, 1911, she executed and delivered to the defendant a mortgage of certain land in Wilmington dated September 9,1911, and recorded as described. Second.
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Bill in equity, filed in the Superior Court on February 15 and amended on March 28, 1912. The bill, as amended, was as follows: First. The plaintiff alleged that on or about September 11, 1911, she executed and delivered to the defendant a mortgage of certain land in Wilmington dated September 9,1911, and recorded as described. Second. The plaintiff alleged that this mortgage was made to the defendant as trustee,- payable in one year, and bearing interest at eight per cent, to secure a mortgage note for $450, and was without consideration other than the defendant’s written agreement to pay…
1Opinion of the CourtBraley, J.
The actual consideration of the mortgage, even if it purported to be security for the payment of the plaintiff’s promissory note, could be shown by paroi evidence. Gray v. McClellan, ante, 92.
*556It appears from the averments of the first, second and fifth paragraphs of the bill as amended, which are admitted by the answer, that the defendant held the mortgage as trustee under an agreement in writing requiring him to pay a prior mortgage on a portion of the property to one Travers, with the accrued interest fixed at a certain sum, and also a mortgage on another portion of the land to one…
2Cases cited9 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- American Stay Co. v. DelaneyMassachusetts Supreme Judicial Court · 1912
- Ashley v. WinkleyMassachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Prudential Insurance Co. of America v. Executive Estates, Inc.Indiana Court of Appeals · 1977
- Bartlett v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Couture v. MorinMassachusetts Supreme Judicial Court · 1932
- Doerner v. DentonMissouri Court of Appeals · 1929
1 more not listed; retrieve them via the Exa API.