Legal Opinion

Hinchley v. Greany

Massachusetts Supreme Judicial Court

Decided October 29, 1875PublishedCited by 10 opinions

On April 9, 1874, Noah Green, the owner of a parcel of land in Worcester, conveyed it in mortgage to the Mechanics’ Savings Bank to secure the sum of $1000. On July 29, 1874, Green conveyed the land in mortgage to George H. Sibley, to secure the sum of $500, by a deed containing a covenant of warranty against all incumbrances except the mortgage to the Mechanics’ Savings Bank.

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On April 9, 1874, Noah Green, the owner of a parcel of land in Worcester, conveyed it in mortgage to the Mechanics’ Savings Bank to secure the sum of $1000. On July 29, 1874, Green conveyed the land in mortgage to George H. Sibley, to secure the sum of $500, by a deed containing a covenant of warranty against all incumbrances except the mortgage to the Mechanics’ Savings Bank. On March 23,1875, Sibley sold the land by public auction under a power of sale contained in the mortgage, complying in all respects with the requirements of said power; and the plaintiff bought the land at said sale and…

1Opinion of the Court

Worcester.

Bill in equity, filed April 29, 1875, to remove a cloud upon the plaintiff’s title, and alleging the following facts:

On May 13, 1874, Green made a contract with the defendant to build a house on said land for the sum of $1450 ; and the defendant performed his contract and received therefor the sum agreed prior to July 29, 1874.

On December 15,1874, the defendant filed in the city clerk’s office a certificate claiming a lien on said land for work done under the contract of May 33, above referred to. Within sixty days after the filing of said certificate, the defendant inserted in a…

2Cases cited3 opinions

  1. Storrs v. BarkerNew York Court of Chancery · 1822
  2. Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
  3. Fall River National Bank v. BuffintonMassachusetts Supreme Judicial Court · 1867

3Cited by10 opinions

  1. McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
  2. Allen v. HanksSupreme Court of the United States · 1890
  3. First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
  4. Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
  5. O'Hare v. DowningMassachusetts Supreme Judicial Court · 1880

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