Mitchell v. Bickford
Massachusetts Supreme Judicial Court
Petition in the Land Court, filed December 29, 1904, under R. L. c. 182, § 15, for a decree discharging a mortgage incumbering the record title of the petitioner to certain real estate in that part of Boston called South Boston. In the Land Court Davis, J. found the facts which are stated in substance in the next to the last paragraph of the opinion,- and made a decree for the petitioner.
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Petition in the Land Court, filed December 29, 1904, under R. L. c. 182, § 15, for a decree discharging a mortgage incumbering the record title of the petitioner to certain real estate in that part of Boston called South Boston. In the Land Court Davis, J. found the facts which are stated in substance in the next to the last paragraph of the opinion,- and made a decree for the petitioner. The respondents appealed to the Superior Court, and presented certain issues to be framed for the appeal. The judge made an order disallowing the issues on the ground that they did not present any matters…
1Opinion of the CourtKnowlton, C. J.
This is a petition brought under R. L. c. 182, § 15. This section, originally enacted as St. 1882, c. 237, was entitled “ An Act relating to the settlement of titles to real estate.” As it now appears with additions and amendments in the Revised Laws, it gives one whose record title to land is incumbered by an undischarged mortgage a right to have his title perfected if certain facts appear. If he has been in uninterrupted possession of the land for twenty years after the expiration of the time limited in the mortgage for the full performance of the condition thereof, and if, at a hearing…
2Cases cited4 opinions
- Kellogg v. DickinsonMassachusetts Supreme Judicial Court · 1888
- Short v. CaldwellMassachusetts Supreme Judicial Court · 1891
- Brintnall v. GravesMassachusetts Supreme Judicial Court · 1897
- TarbellMassachusetts Supreme Judicial Court · 1894
3Cited by7 opinions
- Lewis v. CrowellMassachusetts Supreme Judicial Court · 1910
- Gordon v. TufanoSupreme Court of Connecticut · 1982
- Lesser v. LesserSupreme Court of Connecticut · 1948
- O'Connell v. EverettMassachusetts Supreme Judicial Court · 1931
- Simonelli v. FitzgeraldSupreme Court of Connecticut · 1968
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