Legal Opinion

Field v. Gooding

Massachusetts Supreme Judicial Court

Decided January 15, 1871PublishedCited by 23 opinions

Bill in equity to redeem land in Cambridge from a mortgage. At the hearing, before Grray, J., the following facts appeared : In 1863 Philip R. Ammidon, being seised in fee of the land, mortgaged it to Samuel T. Ames, by a deed which provided that, on default of performance of the condition of the mortgage, it should be lawful for the grantee, his executors, administrators or assigns, “to sell and dispose of all and singular the premises thereby granted or intended to be…

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Bill in equity to redeem land in Cambridge from a mortgage. At the hearing, before Grray, J., the following facts appeared : In 1863 Philip R. Ammidon, being seised in fee of the land, mortgaged it to Samuel T. Ames, by a deed which provided that, on default of performance of the condition of the mortgage, it should be lawful for the grantee, his executors, administrators or assigns, “to sell and dispose of all and singular the premises thereby granted or intended to be granted, and all benefit and equity of redemption of the said Ammidon, the grantor, his heirs, executors, administrators or…

1Opinion of the Court

Colt, J.*

The defendant’s title is derived from a sale under *312a power contained in a mortgage deed. The wife of the mortgagor was the purchaser at the sale, and afterwards conveyed to the defendant. She thus holds the premises freed from any right of redemption in the plaintiff, who claims under a later conveyance from the mortgagor, unless there is something either in the fact that the sale was to the wife of the mortgagor, or in the further fact that no copy of the notice was filed with the affidavit of the sale, within the time required by the statute, in the registry of deeds, to defeat her…

2Cases cited2 opinions

  1. Tuthill v. . TracyNew York Court of Appeals · 1865
  2. Arnot v. McClureNew York Supreme Court · 1847

3Cited by23 opinions

  1. Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
  2. Galvin v. U.S. Bank, N.A.Court of Appeals for the First Circuit · 2017
  3. Federal National Mortgage Ass'n v. HendricksMassachusetts Supreme Judicial Court · 2012
  4. Hall v. BlissMassachusetts Supreme Judicial Court · 1875
  5. Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907

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