Douglas v. Stetson
Massachusetts Supreme Judicial Court
Tobt for conversion. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows.
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Tobt for conversion. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. On March 8,1889, the plaintiff borrowed of the defendant the sum of one hundred and sixty dollars, and as security therefor mortgaged to the defendant the personal property claimed in this action, by mortgage and note of that date, both of which were made and executed by the plaintiff and his wife, the provision of the mortgage being that the sum borrowed should be paid within three months from date, and that upon its payment the note should…
1Opinion of the CourtMorton, J.
By the mortgage of March 8, 1889, the defendant acquired a defeasible title to the goods, subject to be defeated and revested in the mortgagors upon performance of the conditions of the mortgage. Landon v. Emmons, 97 Mass. 37. Weeks v. Baker, 152 Mass. 20, and cases cited. The payment by the mortgagors, without anything more, of the sum secured by the mortgage, operated of itself to discharge the mortgage; and the mortgagors were thereupon in possession of the goods as of their former title. Parks v. Hall, 2 Pick. 206, 210, 211. Claflin v. Godfrey, 21 Pick. 1. Merrill v. Chase, 3 Allen, 339.…
2Cases cited3 opinions
- Upton v. National Bank of South ReadingMassachusetts Supreme Judicial Court · 1876
- Landon v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
3Cited by6 opinions
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Vouros v. PierceMassachusetts Supreme Judicial Court · 1917
- Whitney v. Metallic Window Screen Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Flye v. BerryMassachusetts Supreme Judicial Court · 1902
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