Murphy v. Barnard
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed January, 10, 1893, by the mortgagor of certain land in Chelsea, against Mary E. Barnard, Caroline E. Patch, Henry H. Letteney, and Eben Hutchinson, Junior, to redeem the land from a mortgage made to Eben Hutchinson, Senior, on October 24, 1887, to secure a note of that date for $2,200, payable to the order of the mortgagee in four years, with interest semiannually.
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Bill in EQUITY, filed January, 10, 1893, by the mortgagor of certain land in Chelsea, against Mary E. Barnard, Caroline E. Patch, Henry H. Letteney, and Eben Hutchinson, Junior, to redeem the land from a mortgage made to Eben Hutchinson, Senior, on October 24, 1887, to secure a note of that date for $2,200, payable to the order of the mortgagee in four years, with interest semiannually. Hearing in the Superior Court, before Bond, J., who found the facts, and reported the case for the determination of this court. The material facts appear in the opinion. The case was argued at the bar in…
1Opinion of the CourtBarker, J.
In this cause it is necessary to decide two controversies, one as to the amount which the plaintiff must pay to redeem his land, and another as to the ownership of the mortgage. Both controversies arise from the frauds of Hutchinson, the original mortgagee, who not only has twice sold the mortgage as his own property, but has, after having sold it, received large payments from the mortgagor, who made them supposing that Hutchinson was still the owner of the mortgage. The mortgage was made on October 24, 1887, to secure a note of that date payable to the order of the mortgagee in four years,…
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