Brintnall v. Graves
Massachusetts Supreme Judicial Court
Petition, filed June 1,1896, under St. 1882, c. 237, to free the record title to real estate from the encumbrance of an undischarged mortgage.
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Petition, filed June 1,1896, under St. 1882, c. 237, to free the record title to real estate from the encumbrance of an undischarged mortgage. The petition alleged that, on June 3, 1872, the petitioner, by a deed of mortgage, conveyed to the respondent a parcel of land in Charlestown, subject to redemption upon the payment of sixteen hundred dollars to the respondent in one year with interest at six per cent per annum; that the petitioner, or those having his estate in the premises, had been in uninterrupted possession of the mortgaged premises for more than twenty years after the expiration…
1Opinion of the CourtKnowltok, J.
The mortgage referred to purports to secure payment of a note for sixteen hundred dollars payable to the respondent with interest semi-annually at seven per cent per annum. The petitioner’s purpose, or one of his purposes, in making it was to defraud his creditors. The master has found that he was then indebted to the respondent in a sum less than sixteen hundred dollars, and that the respondent took and has since held the mortgage as security for the amount actually due him. Perhaps it is immaterial in this case, but it does not appear that the respondent participated in the petitioner’s…
2Cited by2 opinions
- Mitchell v. BickfordMassachusetts Supreme Judicial Court · 1906
- McMahan v. McMahanMassachusetts Supreme Judicial Court · 1910