Pomeroy v. Winship
Massachusetts Supreme Judicial Court
* This was a bill in equity, brought by the plaintiff, as [*514] assignee of the equity of redemption, to redeem certain mortgaged premises described in his bill.
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* This was a bill in equity, brought by the plaintiff, as [*514] assignee of the equity of redemption, to redeem certain mortgaged premises described in his bill. The plaintiff alleges, that on the 5th day of March, 1798, one Jonathan Winship was seized in fee of sundry parcels of land in Brighton, in this county, particularly described in the bill, and on that day mortgaged the same to one Samuel Brown in fee, conditioned for the payment of $ 7000, with interest, in one year from the date ; that, on the 15th of September, 1805, the said Brown assigned the said mortgage with the mortgaged…
1Opinion of the Court
Parker, C. J.,
pronounced the judgment of the Court.
The points which have been argued in the case are ; 1st. That the plaintiff’s bill cannot be sustained ; because he has not shown that the defendant, to whom the mortgage made to Brown had been assigned, has ever entered upon the mortgaged premises for condition broken ; and, 2dly. That the proceedings of the sheriff, antecedent to and at the sale, were defective ; so that no title passed to the plaintiff by the deed of the sheriff.
With respect to the first point, the facts are, that Jonathan Winship, the judgment debtor, having, on the 5th…
2Cases cited1 opinion
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Hodges v. GreenSupreme Court of Vermont · 1856
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Buffum v. DeaneMassachusetts Supreme Judicial Court · 1851
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