Hall v. Westcott
Supreme Court of Rhode Island
Bill in Equity to redeem a mortgage and for an account. The respondents claim that the right of redemption is barred because, although holding the first mortgage by assignment, but not being in possession of the premises, he bought the title to the estate at a tax sale, July 24, 1877, under which title he entered and held the premises. 1 Jones on Mortgages §§ 711-713 ; Blythe v. Bicharás, 10 Serg. & R. 261; Walthall v. Hives, Battle f Go. 34 Ala. 91; Harrison v. Boberts, 6…
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Bill in Equity to redeem a mortgage and for an account. The respondents claim that the right of redemption is barred because, although holding the first mortgage by assignment, but not being in possession of the premises, he bought the title to the estate at a tax sale, July 24, 1877, under which title he entered and held the premises. 1 Jones on Mortgages §§ 711-713 ; Blythe v. Bicharás, 10 Serg. & R. 261; Walthall v. Hives, Battle f Go. 34 Ala. 91; Harrison v. Boberts, 6 Fla. 711; Trimm v. Marsh, ■ 54 N. Y. 599; Williams v. Townsend, 31 N. Y. 411; Water son v. Bevoe, 18 Kans. 223 ; Ten…
1Opinion of the CourtDttbfee, C. J.
The bill states that on October 23, 1873, Walter J. Reynolds, being®the owner of a lot in Providence, mortgaged it for $800 to Stephen H. Williams ; that subsequently the lot passed by mesne conveyances to Charles W. Adams, who, December 30, 1874, gave two mortgages thereon to Hiram C. Pierce, to wit, one for $3,260, and one for $500, subject to the mortgage for $3,250; that the mortgage for $3,250, though taken solely in Pierce’s name, belonged equally to him and the complainant Harriet Hall; that Pierce assigned the mortgage for $3,250 to the defendant Charles A. Westcott, who thereupon,…
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