Patterson v. Yeaton
Supreme Judicial Court of Maine
Bill in Equity. It appeared by the bill and answer, that the respondent, Dec. 14, 1850, conveyed to Jefferson Pierce, the plaintiff’s intestate, certain land in Vassalborough, and at the same time the said Pierce gave to the respondent a mortgage of the same land to secure the payment of certain sums therein named. The.plaintiff claimed by his bill to redeem the premises by fulfilment of the conditions of the mortgage, and called for an account of rents and profits received.
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Bill in Equity. It appeared by the bill and answer, that the respondent, Dec. 14, 1850, conveyed to Jefferson Pierce, the plaintiff’s intestate, certain land in Vassalborough, and at the same time the said Pierce gave to the respondent a mortgage of the same land to secure the payment of certain sums therein named. The.plaintiff claimed by his bill to redeem the premises by fulfilment of the conditions of the mortgage, and called for an account of rents and profits received. The respondent alleged, in his answer, that, on October 8, 1851, Pierce, having failed to fulfil the stipulations…
1Opinion of the Court
The opinion of the Court was drawn up by
May, J.
The right of the orator to redeem the premises described in his bill is fully established, unless the facts relied upon in the respondent’s answer, and sustained by his proofs, show a valid defence. Said premises consist of ninety-five acres of land, conveyed by the respondent, on December 14, 1850, to the orator’s intestate, and by him mortgaged back to secure the performance of a certain agreement then existing between the said parties. ' That agreement it is not contended has ever been fully performed.
The defence now urged is, that afterwards,…
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