Parker v. Lincoln
Massachusetts Supreme Judicial Court
This was a bill in'equity, in which. th.e plaintiff sets forth, that, m December, 1808, one Rachel Thaxter, being seized in fee, as tenant in common with the' said J. S. Trott, of one undivided third part of a certain messuage and land in Boston, by her deed of bargain and sale duly executed, conveyed the same to the said Trott, then and still a minor under the age of twenty-one years, for whom the said Lincoln then was and ever since has been guardian, to hold the same to…
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This was a bill in'equity, in which. th.e plaintiff sets forth, that, m December, 1808, one Rachel Thaxter, being seized in fee, as tenant in common with the' said J. S. Trott, of one undivided third part of a certain messuage and land in Boston, by her deed of bargain and sale duly executed, conveyed the same to the said Trott, then and still a minor under the age of twenty-one years, for whom the said Lincoln then was and ever since has been guardian, to hold the same to the said Trott, his heirs, and assigns, in fee and in mortgage, for securing the payment of $750 in two years with…
1Opinion of the CourtJackson, J.
It is not doubted that an infant be a mort gagee at common law ; and there is nothing in our statutes *or usages to make it otherwise here. Whether he is the [*18] original grantee, or takes the estate by descent, he is bound by the conditions contained in the conveyance. The mortgage deed must be good in the whole, or void in the whole.
If Trott, the minor, had not had a guardian, he might have been made the sole defendant in this bill, and the Court would appoint him a guardian for this cause. It is still necessary to appoint such a guardian, notwithstanding Lincoln, his legal guardian, is made…
2Cited by4 opinions
- Roodhouse v. RoodhouseIllinois Supreme Court · 1890
- Mansur v. PrattMassachusetts Supreme Judicial Court · 1869
- Mathewson v. SpragueU.S. Circuit Court for the District of Rhode Island · 1853
- Botham v. M'IntierMassachusetts Supreme Judicial Court · 1837