Cassidy v. Charlestown Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed July 9, 1888, to recover a portion of purchase money paid in cash for land, and to enjoin the negotiation or collection of a mortgage note given for the balance. The case was heard by Devens, J., who reported it for the consideration of the full court, in substance as follows.
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Bill in equity, filed July 9, 1888, to recover a portion of purchase money paid in cash for land, and to enjoin the negotiation or collection of a mortgage note given for the balance. The case was heard by Devens, J., who reported it for the consideration of the full court, in substance as follows. Joseph H. Locke and one Colesworthy were seised in fee simple of adjoining lots of land, of equal size, running from Cherry Street to Chestnut Street in Chelsea, and numbered respectively 24 and 26 on a plan of the lands of the Winnisimmet Company. Locke applied to the defendant bank for a loan to…
1Opinion of the CourtMorton, C. J.
The only question presented to us is whether the deed óf mortgage from Locke to the defendant bank conveyed a good title of the Locke estate to the bank. At the date of the deed, Locke owned a lot of land on Chestnut Street in Chelsea. One Colesworthy owned the adjoining lot. The description in the granting part of the deed of Locke is an exact description, by metes and bounds, of the Colesworthy lot; it cannot apply to any other lot. At the end of the description is the following clause: “ Being the same premises formerly conveyed by grantors to Otis W. Merriam by deed dated September 1,…
2Cited by6 opinions
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- Hamlin v. Attorney GeneralMassachusetts Supreme Judicial Court · 1907
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