New England Wiring & Construction Co. v. Farmington Electric Light & Power Co.
Supreme Judicial Court of Maine
On EXCEPTIONS. This was a real action in which the jury returned a verdict for the plaintiff. The defendant excepted to rulings, and admission of evidence which are stated in the ojffnion.
1Opinion of the CourtPeters, C. J.
The plaintiffs, having sued the defendants and attached their real estate in an action of assumpsit, ascertained that the estate attached was encumbered by a mortgage to S. C. Belcher. As attaching creditors, under the authority of certain provisions of our statute (B. S., c. 81, § § 60, 61), they paid the amount due on the mortgage to the morgagee, and took from him a release of his claim on the land. By the sections of the statute above cited, the release from the mortgagee vested in the plaintiffs the mortgage estate and enables them to maintain this (real) action to recover possession of…
2Cases cited1 opinion
- Chamberlain v. BradleyMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Marvin v. AndersonWisconsin Supreme Court · 1901
- Ellison v. BranstratorIndiana Supreme Court · 1899
- First Auburn Trust Co. v. BuckSupreme Judicial Court of Maine · 1940
- Sargent v. ChapmanColorado Court of Appeals · 1899
- Ross v. SutterCourt of Appeals of Texas · 1920
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