Martin v. Smith
Massachusetts Supreme Judicial Court
Writ of entry, dated November 22, 1876, against James Smith and James Martin, to recover a parcel of land in Lowell. The case was submitted to the Superior Court, and, after judgment for the tenants, to this court, on appeal, on agreed facts in mbstance as follows: Bartholomew Garrity was seised in fee of two lots of land in Lowell, one on the north side of North Street, which was occupied by buildings, and the other a vacant lot, called the “ garden lot,” on the south side…
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Writ of entry, dated November 22, 1876, against James Smith and James Martin, to recover a parcel of land in Lowell. The case was submitted to the Superior Court, and, after judgment for the tenants, to this court, on appeal, on agreed facts in mbstance as follows: Bartholomew Garrity was seised in fee of two lots of land in Lowell, one on the north side of North Street, which was occupied by buildings, and the other a vacant lot, called the “ garden lot,” on the south side of the same street. On July 3, 1854, he mortgaged the latter lot to his son, John Garrity, tc secure the payment of a…
1Opinion of the CourtMorton, J.
By the fourth clause of the will of John Garrity, he gives the interest which he had as mortgagee in the demanded premises, to his father during his life, in trust for his nephews, the tenants, and, after the decease of his father, to his said nephews. This was a bequest of personal property, and did not pass to the tenants any title to the mortgaged land. The mortgage debt was overdue, and it was the right and duty of the mortgagor, who was also executor under the will, to pay it. Jt *113appears that Bartholomew Garrity was duly qualified as executor, and that in 1861 he filed his account, in…
2Cases cited1 opinion
- Allen v. WhiteMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
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- Weed v. HogeSupreme Court of Connecticut · 1912
- Hacker v. HackerAppellate Division of the Supreme Court of the State of New York · 1912
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