Fletcher v. Cary
Massachusetts Supreme Judicial Court
Bill in equity to redeem land in Cambridge from a mortgage. The case was submitted to the judgment of the court on a statement of facts agreed substantially as follows: Moore R. Fletcher, in 1855, being the owner of the land, mortgaged it to John Henshaw, who in 1856 assigned the mortgage to the New England Mutual Life Insurance Company.
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Bill in equity to redeem land in Cambridge from a mortgage. The case was submitted to the judgment of the court on a statement of facts agreed substantially as follows: Moore R. Fletcher, in 1855, being the owner of the land, mortgaged it to John Henshaw, who in 1856 assigned the mortgage to the New England Mutual Life Insurance Company. In 1857 the plaintiff, through mesne conveyances duly recorded, became the owner of the land, subject to the mortgage, and demised it to Moore R. Fletcher, at a rent payable half yearly in advance, by a written instrument which did not specify any term for…
1Opinion of the CourtAmes, J.
The assignee of the mortgage made a peaceable entry, for breach of condition, upon the mortgaged property, October 29,1861, and this entry was duly certified, sworn to and recorded, in compliance with the requirements of the Gen. Sts. c. 140, § 2. Whether, under the circumstances, the effect of that entry, and the lapse of three years without any attempt to fulfil the conditions of the mortgage, has been sufficient forever to foreclose the right of redemption, is the question submitted to the court.
The possession which the mortgagee is required to take and to maintain, in order to accomplish…
2Cases cited3 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Thayer v. SmithMassachusetts Supreme Judicial Court · 1821
- Walcutt v. SpencerMassachusetts Supreme Judicial Court · 1817
3Cited by14 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Cook v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Maryland Casualty Co. v. DunlapCourt of Appeals for the First Circuit · 1933
- Simpson v. DixMassachusetts Supreme Judicial Court · 1881
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