McLaughlin v. Cosgrove
Massachusetts Supreme Judicial Court
Writ of entry by the heir of a mortgagor of land against the mortgagee in possession after foreclosure. In the superior court, on agreed facts which are stated in the opinion, Reed, J., directed a verdict for the tenant, and reported the case.
1Opinion of the CourtChapman, J.
The demandant admits that her ancestor, Daniel McLaughlin, gave the tenant two mortgages of the demanded premises; one dated April 25, 1855, and the other dated February 12, 1858; that the tenant entered for foreclosure on the 6th of March 1863; and that the foreclosure was completed prior to the commencement of this action. But it appears that these mortgages were made to secure the payment of notes which were given in payment for intoxicating liquors illegally sold by the tenant to the mortgagor. By the statute then existing, these notes were void; and it is admitted that, if the mortgage…
2Cited by2 opinions
- Hemphill v. WatsonTexas Supreme Court · 1884
- Goff v. WhiteMassachusetts Appeals Court · 1994