Lamson v. Drake
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiff was the owner of certain real estate in Newburyport for and during the life of Joel Lancy, subject to a mortgage in fee of the same made by Lancy and his wife Ruth W. Lancy, in her right, to Hannah Little, and by her assigned to the defendant, to secure the payment of about $180 ; that the plaintiff, having an execution for the possession of the premises as against Lancy, who was still living, and who became entitled to the…
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Bill in equity alleging that the plaintiff was the owner of certain real estate in Newburyport for and during the life of Joel Lancy, subject to a mortgage in fee of the same made by Lancy and his wife Ruth W. Lancy, in her right, to Hannah Little, and by her assigned to the defendant, to secure the payment of about $180 ; that the plaintiff, having an execution for the possession of the premises as against Lancy, who was still living, and who became entitled to the possession and was possessed of the premises upon the death of his wife, took possession of them as against Lancy; and that…
1Opinion of the CourtWells, J.
This bill presents a diversity of aspects.
1. As against the mortgagee, the plaintiff is not entitled to postpone payment of the principal of the mortgage debt until the expiration of the life tenancy ; nor to hold the premises by paying the interest only. The mortgagee is entitled to the possession and entire income of the estate until the whole amount due is paid, whatever may be the rights between the life tenant and the reversioner.
2. As against the reversioner, the plaintiff is. not entitled to throw the whole burden of the mortgage debt upon the reversion, either by being put into…
2Cited by9 opinions
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- Hillier v. FarrellMassachusetts Supreme Judicial Court · 1904
- Downing v. HartshornNebraska Supreme Court · 1903
- Bigelow v. CassedySupreme Court of New Jersey · 1875
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