Lydon v. Campbell
Massachusetts Supreme Judicial Court
Bill in equity to foreclose a mortgage, filed in the Superior Court for the county of Suffolk March 20, 1906. The bill alleged that the plaintiff was one of the assignees of a mortgage of premises on Second and A Streets in that part of Boston called South Boston, made by Frank Campbell to John Cummins in 1873 to secure the payment of $3,500; that the defendant James Campbell was a co-assignee of the mortgage with the plaintiff; that the defendants James and John L. Campbell…
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Bill in equity to foreclose a mortgage, filed in the Superior Court for the county of Suffolk March 20, 1906. The bill alleged that the plaintiff was one of the assignees of a mortgage of premises on Second and A Streets in that part of Boston called South Boston, made by Frank Campbell to John Cummins in 1873 to secure the payment of $3,500; that the defendant James Campbell was a co-assignee of the mortgage with the plaintiff; that the defendants James and John L. Campbell were the owners of the premises subject to the mortgage; that, by the terms of the mortgage, in case of a breach the…
1Opinion of the CourtHammond, J.
Under the circumstances disclosed in the record, the payment of the mortgage debt by Patrick Campbell with his own money, in discharge of the obligation imposed upon him by the deed under which he held the property, was an extinguishment of the mortgage debt; and that is so even if there be an assignment of the mortgage with the intent to keep it alive. The doctrine is thus stated by Shaw, C. J. in Brown v. Lapham, 3 Cush. 551, 554, 555: “ If the money is advanced by one whose duty it is, by contract or otherwise, to pay and cancel the mortgage, and relieve the mortgaged premises of the lien,…
2Cases cited2 opinions
- Carlton v. JacksonMassachusetts Supreme Judicial Court · 1877
- Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Heller Financial v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1991
- Shapiro v. BailenMassachusetts Supreme Judicial Court · 1936
- Shriver v. SimsNebraska Supreme Court · 1934
- Widett & Widett v. SnyderMassachusetts Supreme Judicial Court · 1984
- Lydon v. CampbellMassachusetts Supreme Judicial Court · 1910
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