Pearson v. Bailey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court August 1,1899, to compel the defendant to pay off a mortgage upon certain land of the plaintiff and the adjoining land of the defendant. The case was heard by Pierce, J., who gave judgment for the plaintiff, ordering the defendant to “ relieve the estate of the plaintiff by payment or otherwise of the mortgage lien assumed by the defendant by the deed to him dated September 30, 1895,” described below. The defendant appealed.
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Bill in equity, filed in the Superior Court August 1,1899, to compel the defendant to pay off a mortgage upon certain land of the plaintiff and the adjoining land of the defendant. The case was heard by Pierce, J., who gave judgment for the plaintiff, ordering the defendant to “ relieve the estate of the plaintiff by payment or otherwise of the mortgage lien assumed by the defendant by the deed to him dated September 30, 1895,” described below. The defendant appealed. By an agreed statement of facts the following appeared : On September 26,1895, Elbridge M. Pearson, being the owner of two…
1Opinion of the CourtHolmes, C. J.
This is a bill to compel the defendant to pay a mortgage upon his own and the plaintiff’s adjoining land to one Marcia Norris, the mortgagee. The case is simple. After the mortgage was executed, Elbridge M. Pearson, the mortgagor and owner of the two lots covered by it, conveyed one to the defendant by a deed poll, “ subject to a mortgage . . . which said Bailey is to assume, it being a part of above consideration.” At a later day the mortgagor conveyed the other lot by a deed poll which stated that it was subject to the mortgage, but not that the grantee was to assume the mortgage. The last…
2Cases cited7 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
- Hogan v. BarryMassachusetts Supreme Judicial Court · 1887
- Martin v. DrinanMassachusetts Supreme Judicial Court · 1880
- Jager v. VollingerMassachusetts Supreme Judicial Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Everett Factories & Terminal Corp. v. Oldetyme Distillers Corp.Massachusetts Supreme Judicial Court · 1938
- Orenberg v. JohnstonMassachusetts Supreme Judicial Court · 1929
- Nickerson v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1901
- Costa v. SardinhaMassachusetts Supreme Judicial Court · 1928
- Pearson v. BaileyMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.