Bailey v. Myrick
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Howard, J., presiding. Bill in Equity to redeem a tract of land containing about one hundred acres. It appears by the bill, answers and proofs, that in 1837, Nathan W. Sheldon conveyed the tract to Lot Myrick and others in mortgage, to secure the payment of notes amounting to $1000. In 1842, Nathan W. Sheldon, by deeds of warranty, conveyed to Lemuel S. Hubbard two acres and to Joseph Stetson one acre and three quarters of the same land.
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On Exceptions from Nisi Prius, Howard, J., presiding. Bill in Equity to redeem a tract of land containing about one hundred acres. It appears by the bill, answers and proofs, that in 1837, Nathan W. Sheldon conveyed the tract to Lot Myrick and others in mortgage, to secure the payment of notes amounting to $1000. In 1842, Nathan W. Sheldon, by deeds of warranty, conveyed to Lemuel S. Hubbard two acres and to Joseph Stetson one acre and three quarters of the same land. Hubbard conveyed the two acres to Enoch Trask, who conveyed the same to Nathaniel Bryant, by whom it was conveyed to the…
1Opinion of the Court
Wells, J. —
One ground, upon which the plaintiff claims the right to redeem the mortgaged premises, is, that he owns the interest of the mortgager in two acres, which are a part of the premises. And such appears to be the fact. By statute, c. 125, § 6, the mortgager, or person claiming under him, may redeem the mortgaged premises,” &c. Where the mortgager has conveyed to two or more persons, they all claim under him, and if one alone could not redeem, the others declining to do so, he would lose his estate. And one, who is willing that the estate should be foreclosed, ought not *52to be compelled…
2Cited by2 opinions
- Angell v. GilmanSupreme Judicial Court of Maine · 1949
- Jones v. BrittanU.S. Circuit Court for the District of Southern Mississippi · 1872