Legal Opinion

Parmenter v. Walker and Others

Supreme Court of Rhode Island

Decided March 6, 1869Published

■Bill in equity, to redeem certain real estate in,North Providence and Pawtucket, sold by mortgagees under power of sale.

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■Bill in equity, to redeem certain real estate in,North Providence and Pawtucket, sold by mortgagees under power of sale. The case was heard upon bill and answer, from which it. appeared, that John Parmenter, the-complainant, made five mortgages; covering the land in question, to the defendant, Kenrick, and one mortgage to his wife, the defendant,-Emeline Walker.; the first of said mortgages being dated-the 13th of April, 1857, and the last the 28d of January, 1860. The notes mentioned in the mortgages amount, in the aggregate, to the sum of eight thousand seven hundred dollars. ' ■ On the…

1Opinion of the CourtDubfee, J.

The defendants, Kenrick Walker and Emeline, his wile, being mortgagees — the former of the plaintiff, and the latter under a deed from the plaintiff and his wife — sold the mortgaged premises at auction, by virtue of the powers of sale in the mortgages, to one Henry A. Parker, who afterwards conveyed the same back to the said defendants, conveying to each the premises bought of each respectively. The plaintiff, who claims to have succeeded to the right of his wife now deceased, brings this bill, in part, to redeem the mortgages and to compel a conveyance to him of the mortgaged premises, on…

2Cases cited5 opinions

  1. Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
  2. Davoue v. FanningNew York Court of Chancery · 1816
  3. Sypher v. McHenrySupreme Court of Iowa · 1865
  4. Mapps v. Sharpe & Co.Illinois Supreme Court · 1863
  5. Johnson v. BennettNew York Supreme Court · 1863

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