Stevens v. Hayden
Massachusetts Supreme Judicial Court
Bill in equity, alleging that on or about November 2, 1874, the plaintiff was the owner of a certain tract of land, with a dwelling-house thereon, situated in Boxford in the county of Essex; that on or about November 2, 1874, she conveyed the said premises in mortgage to Julius A. Palmer, Jr., trustee, to secure the payment of her note for $2000, of even date with the mortgage, and payable with interest at eight per cent per annum in three years from November 2, 1874; that,…
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Bill in equity, alleging that on or about November 2, 1874, the plaintiff was the owner of a certain tract of land, with a dwelling-house thereon, situated in Boxford in the county of Essex; that on or about November 2, 1874, she conveyed the said premises in mortgage to Julius A. Palmer, Jr., trustee, to secure the payment of her note for $2000, of even date with the mortgage, and payable with interest at eight per cent per annum in three years from November 2, 1874; that, pursuant to the condition in said mortgage, she procured, at her own expense,, a policy of insurance against fire, to…
1Opinion of the CourtColt, J.
This case comes up on demurrer. The substantial allegations of the bill are that the plaintiff, in 1874, mortgaged her real estate to Palmer, and, as additional security, obtained a policy of insurance against fire, payable to the mortgagee in case of loss. In 1876, she gave a second mortgage to Eames, and, in *331June 1877, conveyed the estate in fee to Jones, who assumed and agreed to pay the two mortgages. Jones afterwards conveyed the same to William D. Hayden, who, as part of the consideration, also assumed and agreed to pay both mortgages. Palmer, on receiving the amount of his note and…
2Cases cited1 opinion
- Fuller v. PercivalMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
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