Walker v. Thayer
Massachusetts Supreme Judicial Court
Actios on Gen. Sts. c. 137, for forcibly detaining a dwelling-house. At the trial in the Superior Court, before Dewey, J., the plaintiff put in evidence a mortgage of the premises from Martha E. Henry to Leonard Hosmer, dated October 3, 1865, and duly recorded; and assignments of the same through various persons to himself. The mortgage was made to secure a note for $700, which was due and unpaid prior to the assignment to the plaintiff.
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Actios on Gen. Sts. c. 137, for forcibly detaining a dwelling-house. At the trial in the Superior Court, before Dewey, J., the plaintiff put in evidence a mortgage of the premises from Martha E. Henry to Leonard Hosmer, dated October 3, 1865, and duly recorded; and assignments of the same through various persons to himself. The mortgage was made to secure a note for $700, which was due and unpaid prior to the assignment to the plaintiff. The plaintiff put in a power of attorney from himself to one William H. Johnson, empowering him in the plaintiff’s behalf to take possession of the premises.…
1Opinion of the CourtAmes, J.
The case finds that the title of the mortgagor had been duly conveyed to the defendant, who accordingly had the right of possession against everybody except the mortgagee. The note which the mortgage was given to secure was overdue and unpaid, and there was therefore a breach of condition. After such a breach of condition, an entry or an attempt to gain pos*39session on the part of the mortgagee would be presumed to be for the purpose of foreclosure. Taylor v. Weld, 5 Mass. 109, 121. Ayres v. Waite, 10 Cush. 72, 79. The facts reported disclose nothing that at all conflicts with that presumption,…
2Cases cited1 opinion
- Taylor v. WeldMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937
- Dayton v. BrannellyMassachusetts Supreme Judicial Court · 1926
- Boyle v. BoyleMassachusetts Supreme Judicial Court · 1876
- Santiago v. Alba Management, Inc.Massachusetts Appeals Court · 2010
- Covell v. MatthewsMassachusetts Supreme Judicial Court · 1923
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