Hill v. McNichol
Supreme Judicial Court of Maine
On exceptions. This was an action for money had and received against the defendant as administrator on the estate of Monroe Hill, deceased, brought under the statute, appeal haviug been taken from the report of the commissioners of insolvency on said estate.- The writ contained four classes of claims, the first of which was for breach of covenant in the deed of Monroe Hill to her, by reason of outstanding mortgages, one of which from George S. Bixby to Ann Lindsay for two…
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On exceptions. This was an action for money had and received against the defendant as administrator on the estate of Monroe Hill, deceased, brought under the statute, appeal haviug been taken from the report of the commissioners of insolvency on said estate.- The writ contained four classes of claims, the first of which was for breach of covenant in the deed of Monroe Hill to her, by reason of outstanding mortgages, one of which from George S. Bixby to Ann Lindsay for two thousand dollars was recorded as a two hundred dollar mortgage. The writ alleged that she paid $2612.93 to discharge this…
1Opinion of the CourtVirgin, J.
Whether or not the plaintiff was entitled to recover the item of two thousand six hundred twelve dollars and ninety-three cents, which she claimed to have paid to discharge the mortgage of Bixby to Lindsay on the premises conveyed to her by the defendant’s intestate, was one of the questions involved at the trial and which the jury must have found in behalf of the plaintiff.
If the mortgage was duly recorded prior to the delivery of the deed to her, then it was an incumbrance within the intestate’s covenant of warranty. But by the record in the registry of deeds, the mortgage purported to be…
2Cases cited5 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Beekman v. FrostNew York Supreme Court · 1820
- Turner v. CommonwealthCourt of Appeals of Kentucky · 1859
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
3Cited by2 opinions
- General Motors Acceptance Corp. v. Brackett & Shaw Co.Supreme Court of New Hampshire · 1930
- Spickler v. GinnSupreme Judicial Court of Maine · 2012