Aiken v. Morse
Massachusetts Supreme Judicial Court
Bill in equity filed March 7, 1868, against Asa P. Morse and George W. Blood by the administratrix of the estate of Calvin Aiken, who died in Boston December 25,1860, to redeem land on Essex Street in Boston from a mortgage made in 1857 to Morse by the intestate and of which he died possessed of the equity of redemption. The case was reserved by Ames, J., for the determination of the full court, on the bill, answers and agreed facts, and is stated in the opinion.
1Opinion of the CourtWells, J.
This is a bill in equity to redeem certain lands of the plaintiff’s intestate from mortgage. It was brought before the expiration of three years after the entry of the mortgagee to foreclose. The administratrix is authorized to bring such a suit, as well as the heirs or devisees of the deceased mortgagor. Gen. Sts. c. 140, § 32. When the suit is brought by an administrator, the redemption secured thereby will enure exclusively to the benefit of the widow and heirs, or their assigns, unless the land is required to be sold for the payment of debts with which it is chargeable, as assets of the…
2Cases cited5 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- In re AllenMassachusetts Supreme Judicial Court · 1818
- Bancroft v. AndrewsMassachusetts Supreme Judicial Court · 1850
- Alden v. StebbinsMassachusetts Supreme Judicial Court · 1868
- Guild v. HaleMassachusetts Supreme Judicial Court · 1819
3Cited by23 opinions
- Clark v. SeagravesMassachusetts Supreme Judicial Court · 1904
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Taylor v. United StatesMassachusetts Supreme Judicial Court · 1949
- Coffey v. RadyMassachusetts Supreme Judicial Court · 1929
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
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