Huzzey v. Heffernan
Massachusetts Supreme Judicial Court
Writ oe ENTRY to recover a parcel of land in Lynn. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, C. J.
The demandant claims under a mortgage to him from one Blethen, dated in November, 1874. When this mortgage was given, the estate was subject to a prior mortgage to the Warren Five Cents Savings Bank. The mortgage to the demandant is expressly made subject to the prior mortgage; it contains no general warranty, but the covenant is that the grantor will warrant and defend the premises against the lawful claims and demands of all persons except those claiming under the prior mortgage. In July, 1878, the savings bank foreclosed the first mortgage, and, under the power of sale contained therein,…
2Cases cited2 opinions
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
3Cited by11 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Dorff v. BornsteinNew York Court of Appeals · 1938
- DIXIELAND REALTY COMPANY v. WysorSupreme Court of North Carolina · 1967
- Greene v. SpitzerSupreme Court of Missouri · 1938
- Home Owners' Loan Corp. v. Guaranty Title Trust Co.Tennessee Supreme Court · 1934
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