Gaylord v. Pelland
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, against Paul Pelland, Josephine P. Pelland, Joseph Martin, and also Henry E. Gajdord, as assignee in insolvency of the estate of said Paul Pelland, alleging the following facts. The defendant Paul Pelland, to secure payment of his promissory note for $2,450, on or about January 31,1885, executed and delivered to the Glasgow Company a mortgage of real estate in South Hadley, which was duly recorded.
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Bill in equity, filed in the Superior Court, against Paul Pelland, Josephine P. Pelland, Joseph Martin, and also Henry E. Gajdord, as assignee in insolvency of the estate of said Paul Pelland, alleging the following facts. The defendant Paul Pelland, to secure payment of his promissory note for $2,450, on or about January 31,1885, executed and delivered to the Glasgow Company a mortgage of real estate in South Hadley, which was duly recorded. By a sealed instrument, duly recorded, the Glasgow Company assigned the mortgage to Stephen C. Weld, who, in consideration of |1,650, assigned the…
1Opinion of the CourtAllen, J.
If an instrument which requires a seal is by accident or mistake executed without one, a court of equity may grant relief by compelling a seal to be affixed, or otherwise. Bernard's Township v. Stebbins, 109 U. S. 341, 349. Bullock v. Whipp, 15 R. I. 195. Conover v. Brown, 4 Dick. 156. Lebanon Savings Bank v. Hollenbeck, 29 Minn. 322. Springfield Five Cents Savings Bank v. Springfield Congregational Society, 127 Mass. 516. Chase v. Peck, 21 N. Y. 581.
*360The evidence offered, therefore, was clearly competent, unless there was something in the circumstances of the case to deprive the plaintiff of…
2Cases cited11 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Bernards Township v. StebbinsSupreme Court of the United States · 1883
- Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Harlow v. BartlettMassachusetts Supreme Judicial Court · 1898
- Thorpe v. WhiteMassachusetts Supreme Judicial Court · 1905
- Boruchoff v. AyvasianMassachusetts Supreme Judicial Court · 1948
3 more not listed; retrieve them via the Exa API.