Carlton v. Jackson
Massachusetts Supreme Judicial Court
Bill in equity against Abraham Jackson, the assignees in bankruptcy of Jackson, and the Franklin Insurance Company, for the conveyance of land in Cambridge.
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Bill in equity against Abraham Jackson, the assignees in bankruptcy of Jackson, and the Franklin Insurance Company, for the conveyance of land in Cambridge. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows: Catherine and Sarah Ann McCaffrey, being seised of the land in question, mortgaged the same to the North End Savings Bank on November 4, 1870, to secure the payment of $2700 in three years from that date, with interest, payable semi-annually, at the rate of seven per cent, per annum, and afterwards mortgaged the same to…
1Opinion of the CourtEndicott, J.
At the time Jackson took his deed of the estate, it was subject to two mortgages. The second mortgage to Hastings he paid, and it was discharged. He also paid, after maturity, the amount due on the first mortgage to the savings bank, and took an assignment thereof from the bank. The legal title under the mortgage was thus in Jackson, as well as the equitable title under his deed. Under ordinary circumstances, a mortgage title thus obtained would be extinguished, if it appears that the title formerly held and the title acquired were coextensive and held in the same right, and no outstanding…
2Cases cited1 opinion
- Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1876
3Cited by21 opinions
- Heller Financial v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1991
- Birke v. AbbottIndiana Supreme Court · 1885
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
- Smith v. CooleyCourt of Appeals of Texas · 1914
- Clay v. BanksSupreme Court of Georgia · 1884
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