Powers v. Russell
Massachusetts Supreme Judicial Court
Bill in equity to redeem. The bill alleges that Nathan Powers, on September 3, 1822, was seised of certain land situate partly in Greenwich, in the county of Hampshire, and partly in Hardwicke, in the county of Worcester, and that cn that day he conveyed the same in mortgage to the defendant; that afterwards, on the same day, the mortgager made a second mortgage of the same land to the plaintiff, upon condition that the mortgager should pay a note given on the same day for…
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Bill in equity to redeem. The bill alleges that Nathan Powers, on September 3, 1822, was seised of certain land situate partly in Greenwich, in the county of Hampshire, and partly in Hardwicke, in the county of Worcester, and that cn that day he conveyed the same in mortgage to the defendant; that afterwards, on the same day, the mortgager made a second mortgage of the same land to the plaintiff, upon condition that the mortgager should pay a note given on the same day for 1600 dollars, payable on April 1, 1823, with interest; by force of all which the plaintiff became seised of the right in…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The questions presented in this case arise upon a bill in equity, brought to redeem certain parcels of real estate, lying partly in the county of Hampshire and partly in the county of Worcester.
It is conceded that in 1822, Nathan Powers, the brother of the plaintiff, having received a conveyance of the same estate from Peter Russell the defendant, who was then his wife’s father, on the same day duly executed and delivered to tile defendant a mortgage deed, conditioned to perform a bond then entered into, to support and maintain the defendant *74in…
2Cases cited1 opinion
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
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