Jones v. Smith
Supreme Judicial Court of Maine
On report of an action of trespass. The opinion states the material facts. Upon the payment into court of the amount decreed to be due upon the Bowler mortgages the legal title revested at once in plaintiff.
Read the full summary
On report of an action of trespass. The opinion states the material facts. Upon the payment into court of the amount decreed to be due upon the Bowler mortgages the legal title revested at once in plaintiff. B. S., c. 90, § 31. The statute, enacted in 1870, was intended to do away wholly with the distinction that had existed before that time, according to Stewart v. Orosby, 50 Maine, 130, decided by a divided court, between payment of a mortgage debt before and payment after a breach of the condition of the mortgage, in its effect upon the legal title. Says Jones on Mortgages, § 690, "the…
1Opinion of the CourtFoster, J.
The plaintiff' was the owner of the premises in question, and mortgaged the same to Lorenzo A. Bowler. The interest of the mortgagee passed by sundry conveyances to Sandford C. Smith, son of this defendant, and under whose authority the defendant claims to have been acting.
The plaintiff had yielded possession to the mortgagee in 1881, and afterwards brought a bill in equity, (Jones v. Bowler, 74 Maine, 310) and obtained a decree authorizing her to redeem upon payment of the amount found to be due within three *448months from the sixteenth' day of June, 1884. Thereupon, the premises were to be…
2Cases cited2 opinions
- Rogers v. Mitchell'sCourt of Appeals of Kentucky · 1858
- Lincoln v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1851
3Cited by1 opinion
- Susi v. DavisSupreme Judicial Court of Maine · 1936