Hawes v. Howland
Massachusetts Supreme Judicial Court
Writ oe ENTRY, dated August 17, 1882, to recover a parcel of land in Freetown. , Plea, nul disseisin. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The demandant put in a warranty deed of the premises from Henry T. Willcox to Ellen A. Foster, dated October 6, 1873, and a mortgage of the same premises, dated November 6, 1874, from Foster to Willcox, to secure the sum of…
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Writ oe ENTRY, dated August 17, 1882, to recover a parcel of land in Freetown. , Plea, nul disseisin. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The demandant put in a warranty deed of the premises from Henry T. Willcox to Ellen A. Foster, dated October 6, 1873, and a mortgage of the same premises, dated November 6, 1874, from Foster to Willcox, to secure the sum of $2800, both ef which were duly recorded; also, an assignment of this mortgage, dated June 19, 1875, from Willcox to the…
1Opinion of the CourtC. Allen, J.
The only question in this case is, whether the demandant is to be considered a “ mortgagee of record,” within the meaning of the Gen. Sts. c. 12, § 36, cl. 4, so that he was entitled to redeem the land in question within two years after he had actual notice of the tax sale to the tenant. We are of opinion, that one who is a mortgagee at the time of the sale, and who becomes a mortgagee of record before making tender for the purpose of redemption, is to be deemed such mortgagee of record. There are obvious reasons for such extension of time in favor of mortgagees over simple grantees. They…
2Cases cited1 opinion
- Faxon v. WallaceMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1923
- Hawks v. DavisMassachusetts Supreme Judicial Court · 1904