Bacon v. Abbott
Massachusetts Supreme Judicial Court
Bill in equity, originally brought against Charles E. Abbott alone, to redeem land from a mortgage given by the plaintiff to Abbott, on May 26, 1876, to secure a promissory note for $200, payable in six months with interest, which mortgage and note were assigned by Abbott to Eliphaz W. Arnold on December 15, 1879. Arnold was subsequently made a party defendant. Hearing before C. Allen, J., who ordered a decree for the plaintiff; and the defendants appealed to the full court.
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Bill in equity, originally brought against Charles E. Abbott alone, to redeem land from a mortgage given by the plaintiff to Abbott, on May 26, 1876, to secure a promissory note for $200, payable in six months with interest, which mortgage and note were assigned by Abbott to Eliphaz W. Arnold on December 15, 1879. Arnold was subsequently made a party defendant. Hearing before C. Allen, J., who ordered a decree for the plaintiff; and the defendants appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The chief objection urged to the plaintiff’s right to redeem is that, after making the mortgage, he went into bankruptcy, and that the assignees have not reconveyed the property. It appears, however, that the assignees’ interest is purely technical and formal. The plaintiff was seised of the premises, by taking the rents and profits, when the bill was filed. The administration of the estate in bankruptcy was at an end. He had turned out solvent, paid his creditors in full, and seems to have been entitled to his discharge. He has been discharged since the beginning of the suit. The statement…
2Cases cited2 opinions
- Jones v. DexterMassachusetts Supreme Judicial Court · 1881
- Jones v. DexterMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Glover v. Waltham Laundry Co.Massachusetts Supreme Judicial Court · 1920
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Gardner v. Beacon Trust Co.Massachusetts Supreme Judicial Court · 1906
- Pierce v. GouldMassachusetts Supreme Judicial Court · 1887
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