Pitman v. Thornton
Supreme Judicial Court of Maine
On exceptions, to tbe allowance of an amended award of referee. Tbe exceptions to the order of recommitment are stated in 65 Maine, 95. A bill in equity, inserted in a writ of attachment, dated June 10, 1871, for tbe redemption of a mortgage described in tbe bill of complaint, was referred by rule of court at the January term, 1874. The referee at the April term, 1874, made report that the plaintiff was entitled to redeem the defendants’ mortgage.
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On exceptions, to tbe allowance of an amended award of referee. Tbe exceptions to the order of recommitment are stated in 65 Maine, 95. A bill in equity, inserted in a writ of attachment, dated June 10, 1871, for tbe redemption of a mortgage described in tbe bill of complaint, was referred by rule of court at the January term, 1874. The referee at the April term, 1874, made report that the plaintiff was entitled to redeem the defendants’ mortgage. On account of certain omissions, the bill and report were recommitted, and in May, 1876, the referee awarded as follows: “I award and determine…
1Opinion of the CourtDickerson, J.
It has been the uniform practice of courts of equity, in bills to redeem mortgages, to fix the time within which the mortgageor shall pay the mortgage debt, or the bill will be dismissed with costs. Such limitation is an essential element of the decretal order; without it the decree would not operate as a finality. The legal effect of the dismissal of such a bill with costs is a foreclosure of the mortgage though the decree is silent upon that subject. The court in Massachusetts recently held that no formal decree dismissing the bill with costs is necessary to operate as a foreclosure of the…
2Cases cited2 opinions
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1872
- Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Decker v. PattonIllinois Supreme Court · 1887
- Chicago & Calumet Rolling Mill Co. v. ScullyAppellate Court of Illinois · 1892