Fay v. Brewer
Massachusetts Supreme Judicial Court
This was an action on the case in the nature of waste, for cutting down trees on land assigned to the wife of the defendant as her dower in the estate of her former husband Nathan Newton. The cause was tried before the chief justice.
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This was an action on the case in the nature of waste, for cutting down trees on land assigned to the wife of the defendant as her dower in the estate of her former husband Nathan Newton. The cause was tried before the chief justice. The plaintiff, through several mesne conveyances from the heirs of Newton, held the reversionary interest in the land by deed of mortgage, made on the 17th of June, 1815, to secure the payment of a sum of money on or before the 17th of June, 1816. He was put in possession in May 1823, by virtue of a writ of habere facias issued on a judgment recovered in a suit…
1Per curiam
By an immediate estate of inheritance, as the terms are used in the authorities cited, we understand a reversion without any estate for life intervening ; and in this sense a mortgagee may have such an immediate estate. It is well settled that the mortgagee has the whole estate against all but the mortgager, in the same manner as if it were absolute. The case from 15 Johns. R. 205, does not touch this question ; and if it did, it could not govern here, since the law of mortgage in New York is so different from our own. It was held in that case, that the mortgagee was not entitled to an action…
2Cases cited3 opinions
- Conner v. ShepherdMassachusetts Supreme Judicial Court · 1818
- Hastings v. CrunckletonSupreme Court of Pennsylvania · 1801
- Loomis v. WilburU.S. Circuit Court for the District of Rhode Island · 1827