Morton v. Hall
Massachusetts Supreme Judicial Court
Contract by the administrators of the estate of Morris Morton against the executrix of John B. Hall, on a promissory note .indorsed by the defendant’s testator to the plaintiffs’ intestate. Answer, payment.
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Contract by the administrators of the estate of Morris Morton against the executrix of John B. Hall, on a promissory note .indorsed by the defendant’s testator to the plaintiffs’ intestate. Answer, payment. Trial in the Superior Court, before Brigham, G. J., without a jury, who allowed a bill of exceptions in substance as follows: The note, when given, was secured by a mortgage, which conveyed “ all that real estate situated in Barre, known as the Naquog House,” and further described by metes and bounds, and contained a covenant that “the aforegranted premises” were free from all…
1Opinion of the CourtGray, C. J.
The judge who tried the case without a jury, and to whose decision on questions of fact no exception lies, was warranted in finding, as matter of fact, that by the understanding and agreement of all parties — the plaintiffs, holding the second mortgage, Babbitt, who held the first mortgage and acted as auctioneer at the sale, and the purchaser—the whole estate, and not merely the right of redeeming the land from the first mortgage, was put up, bid for, sold and conveyed; and, upon such finding, in ruling as matter of law that the mortgage to Babbitt was to be first paid out of the proceeds.…
2Cases cited2 opinions
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- Alden v. WilkinsMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
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