McMahan v. McMahan
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on May 15, 1909, under R. L. c. 182, § 15, to relieve the record title of certain real estate on Liverpool Street in that part of Boston called East Boston, owned by the petitioners and the respondent as tenants in common, from an undischarged mortgage given by Francis McMahan, the father of the parties, to the East Boston Savings Bank on August 8,1871, to secure the payment of SI,500 with interest at eight per cent, and assigned by that…
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Petition, filed in the Land Court on May 15, 1909, under R. L. c. 182, § 15, to relieve the record title of certain real estate on Liverpool Street in that part of Boston called East Boston, owned by the petitioners and the respondent as tenants in common, from an undischarged mortgage given by Francis McMahan, the father of the parties, to the East Boston Savings Bank on August 8,1871, to secure the payment of SI,500 with interest at eight per cent, and assigned by that savings bank to the respondent on April 20, 1878. The case was heard by Glarh, J. The evidence introduced by the parties is…
1Opinion of the CourtKnowlton, C. J.
This is a petition under the R. L. c. 182, § 15, to relieve the record title to certain real estate from the incumbrance of an undischarged mortgage held by the respondent. The petition is founded upon that part of the section which originally was St. 1882, c. 237, and it avers that the mortgagor .and those having her estate in the premises have had uninterrupted possession of the real estate for more than twenty years ¡after the expiration of the time for the full performance of the -conditions of the mortgage, and that no payment on account of the debt secured by the mortgage has been made…
2Cases cited3 opinions
- Mitchell v. BickfordMassachusetts Supreme Judicial Court · 1906
- Brintnall v. GravesMassachusetts Supreme Judicial Court · 1897
- TarbellMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Gordon v. TufanoSupreme Court of Connecticut · 1982
- Leith v. Citizens Commercial & Savings BankMichigan Supreme Court · 1943
- O'Connell v. EverettMassachusetts Supreme Judicial Court · 1931
- Simonelli v. FitzgeraldSupreme Court of Connecticut · 1968
- Gordon v. TufanoSupreme Court of Connecticut · 1982