Morse v. Merritt
Massachusetts Supreme Judicial Court
Conte act for the use and occupation of land in Easton. Writ dated October 20, 1870. Trial in the Superior Court, before Dewey, J., who, by consent of parties, made a report of the case substantially as follows: On May 2, 1863, the defendant gave to the plaintiff a mortgage on the land in question, which was occupied by the defen* ant, to secure the payment of his promissory note for $800, payable in three years from date, with interest payable semi-annually On January…
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Conte act for the use and occupation of land in Easton. Writ dated October 20, 1870. Trial in the Superior Court, before Dewey, J., who, by consent of parties, made a report of the case substantially as follows: On May 2, 1863, the defendant gave to the plaintiff a mortgage on the land in question, which was occupied by the defen* ant, to secure the payment of his promissory note for $800, payable in three years from date, with interest payable semi-annually On January 12,1865, no interest having been paid on the note, the plaintiff made an open and peaceable entry upon the land to foreclose…
1Opinion of the CourtWells, J.
Whether in the absence of any agreement for payment of rent, a mortgagee, after entry to foreclose, may maintain an action against his mortgagor for use and occupation, was not *460decided in Merrill v. Bullock, 105 Mass. 486 ; and although made the principal subject of discussion in this case, we prefer to decide it upon other grounds.
All the rent claimed here stands upon the same footing ; for although three years after entry and notice of foreclosure expired within the period covered by the claim, yet the pendency of a bill to redeem, resulting subsequently in a decree therefor, prevented the…
2Cases cited1 opinion
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Hadley Falls Trust Co. v. United StatesCourt of Appeals for the First Circuit · 1940
- City of Boston v. GordonMassachusetts Supreme Judicial Court · 1961
- Wornat Development Corp. v. VakalisMassachusetts Supreme Judicial Court · 1988
- Porter v. HubbardMassachusetts Supreme Judicial Court · 1883
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