Cook v. Johnson
Massachusetts Supreme Judicial Court
Contract on an account annexed for the rent of certain premises on Washington Street, in Boston, from August 1 to October 1, 1874. At the trial in the Superior Court, before Mock well, J., without a jury, it appeared that the plaintiffs were the assignees of the lessor of a lease of the premises for the term of five years from October 1,1873; that before the execution of the lease the premises were mortgaged, but the lease was made and assigned prior to any breach of the…
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Contract on an account annexed for the rent of certain premises on Washington Street, in Boston, from August 1 to October 1, 1874. At the trial in the Superior Court, before Mock well, J., without a jury, it appeared that the plaintiffs were the assignees of the lessor of a lease of the premises for the term of five years from October 1,1873; that before the execution of the lease the premises were mortgaged, but the lease was made and assigned prior to any breach of the mortgage; that the mortgage was assigned to one Evans, who still held the same; that the defendant was the lessee named in…
1Opinion of the CourtGray, C. J.
Although the first entry of the mortgagee was ineffectual for the purpose of foreclosure, because the certificate thereof was not recorded within thirty days, as required by the *328Gen. Sts. c. 140, § 2, yet that entry, with the notice to the tenant, was sufficient to entitle the mortgagee to the rents under the lease made since the mortgage. Stone v. Patterson, 19 Pick. 476. Welch v. Adams, 1 Met. 494. Shepard v. Richards, 2 Gray, 424. The subsequent entry for the purpose of foreclosure may have been a waiver of any right to foreclose under a previous entry, but did not impair the mortgagee’s…
2Cases cited2 opinions
- Patterson v. CaldwellCourt of Appeals of Kentucky · 1859
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
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- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'nDistrict Court, D. Massachusetts · 1977
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