Swasey v. Emerson
Massachusetts Supreme Judicial Court
Bill in equity, filed March 19, 1895, by the receiver of the Debenture Investment Company, against Theodore H. Emerson, Julian A. Roett, the Boston Safe Deposit and Trust Company, and the American Loan and Trust Company, to have discharges executed by the Debenture Investment Company to Roett of three mortgages of land in Cambridge declared void and the mortgages entitled to priority over a mortgage of the same land executed by Roett to Emerson.
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Bill in equity, filed March 19, 1895, by the receiver of the Debenture Investment Company, against Theodore H. Emerson, Julian A. Roett, the Boston Safe Deposit and Trust Company, and the American Loan and Trust Company, to have discharges executed by the Debenture Investment Company to Roett of three mortgages of land in Cambridge declared void and the mortgages entitled to priority over a mortgage of the same land executed by Roett to Emerson. Hearing before Lathrop, J., who dismissed the bill, and, at the plaintiff’s request, reported the case for the consideration of the full court; such…
1Opinion of the CourtHolmes, J.
Early in 1893 one Rice executed three mortgages to the Debenture Investment Company, of which the plaintiff has been appointed receiver. In January, 1894, the company assigned and delivered these mortgages and notes to the Boston Safe Deposit and Trust Company, upon certain trusts for its creditors. The last named company delivered them to the American Loan and Trust Company, its successor in the trusts, and a new assignment was executed by the debenture company to the latter. None of the assignments were ever recorded. In November, 1894, after the assignment, the Debenture Investment Company…
2Cases cited13 opinions
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