Torrey v. Cook
Massachusetts Supreme Judicial Court
Writ of entry against Lewis A. Cook and Daniel A. Cook, counting upon the plaintiff’s title in fee and in mortgage of a farm of two hundred and seventy-five acres. The defendants severally pleaded nul disseisin.
Read the full summary
Writ of entry against Lewis A. Cook and Daniel A. Cook, counting upon the plaintiff’s title in fee and in mortgage of a farm of two hundred and seventy-five acres. The defendants severally pleaded nul disseisin. The case was submitted to the decision of the court upon a statement of facts, in substance as follows: On June 4,1869, the tenant Lewis, being the owner in fee of an undivided half of the farm, holding it as tenant in common with Edward H. Cook, executed and delivered to the demandant a mortgage of said undivided half of the farm, to secure the payment of a promissory note for $2500,…
1Opinion of the CourtGray, C. J.
The release by the mortgagee, having been made contemporaneously with, and solely for the purpose of aiding in, the partition by deed between the mortgagor and his co-tenant, did not discharge any part of the mortgagor’s estate from the mortgage. The effect of the transaction upon the interest of the mortgagee, as upon that of the mortgagor, was simply to substitute, for an undivided half of the whole farm, the whole of the portion set off to the mortgagor in severalty. Bradley v. Fuller 23 Pick. 1.
*165The mortgagee could not execute the power of sale by selling less than the whole title of the…
2Cited by13 opinions
- Rossiter v. MerrimanSupreme Court of Kansas · 1909
- Donohue v. ChaseMassachusetts Supreme Judicial Court · 1881
- Antonellis v. WeinsteinMassachusetts Supreme Judicial Court · 1927
- Goldman v. DamonMassachusetts Supreme Judicial Court · 1930
- Altobelli v. MontesiMassachusetts Supreme Judicial Court · 1938
8 more not listed; retrieve them via the Exa API.