Weed Sewing Machine Co. v. Emerson
Massachusetts Supreme Judicial Court
Writ of entry, dated May 27, 1872, to foreclose a mortgage of land in the town of Florida. In the Superior Court, the case was referred to an arbitrator, who reported the following facts : On February 13, 1867, William H. Sanford conveyed the demanded premises by deed of warranty to Clarissa G. Harrington, then and ever since the wife of'William G. Harrington, and living with him in this Commonwealth.
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Writ of entry, dated May 27, 1872, to foreclose a mortgage of land in the town of Florida. In the Superior Court, the case was referred to an arbitrator, who reported the following facts : On February 13, 1867, William H. Sanford conveyed the demanded premises by deed of warranty to Clarissa G. Harrington, then and ever since the wife of'William G. Harrington, and living with him in this Commonwealth. On the same day, Clarissa G. Harrington executed and delivered to Sanford a mortgage deed of the same premises to secure the payment of her note for the sum of fourteen hundred dollars, given…
1Opinion of the CourtGray, C. J.
In order to maintain this action, the demandant must show a legal title. Adams v. Parker, 12 Gray, 53. And no such title is shown.
The mortgage made by Mrs. Harrington, her husband not assenting to or joining therein, was absolutely void. Gen. Sts. c. 108, § 3. Concord Bank v. Bellis, 10 Cush. 276. Lowell v. Daniels, 2 Gray, 161. Warner v. Crouch, 14 Allen, 163. In *558Concord Bank v. Bellis, it was adjudged by this court, for reasons fully stated in the opinion delivered by Chief Justice Shaw, that such a mortgage was not made valid by being executed and delivered at the same time as the deed by…
2Cases cited1 opinion
- Merritt v. HarrisMassachusetts Supreme Judicial Court · 1869
3Cited by20 opinions
- Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Bellis v. BellisMassachusetts Supreme Judicial Court · 1877
- Capitol National Bank v. HolmesSupreme Court of Colorado · 1908
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