Sheddy v. Geran
Massachusetts Supreme Judicial Court
Writ of entry to recover possession of certain land in Lawrence. At the trial in the Superior Court, before Brigham, C. J., there was evidence that, November 30, 1867, the tenant John Geran mortgaged the demanded premises to one Mary Hall; that afterwards the equity of redemption was conveyed to Ellen Geran, the other tenant; that in April, 1869, Mary Hall assigned the mortgage, and the debt secured by it, to the demandant; that, July 18, 1871, the demandant reassigned to…
Read the full summary
Writ of entry to recover possession of certain land in Lawrence. At the trial in the Superior Court, before Brigham, C. J., there was evidence that, November 30, 1867, the tenant John Geran mortgaged the demanded premises to one Mary Hall; that afterwards the equity of redemption was conveyed to Ellen Geran, the other tenant; that in April, 1869, Mary Hall assigned the mortgage, and the debt secured by it, to the demandant; that, July 18, 1871, the demandant reassigned to Mary Hall, who June 3, 1872, again assigned to the demandant; that prior tc these assignments the tenants were indebted to…
1Opinion of the CourtWells, J.
The instructions asked for by the demandant should have been given. After the assignment of the note and mortgage to the demandant, with the knowledge and assent of the tenants, no transaction between the tenants and Mary Hall, even if intended as payment of the original debt, could defeat the right of the demandant to enforce the note and mortgage.
*380Under the arrangement, to which all three were parties, the transaction was not a payment of the original debt, but a payment of the consideration upon which Mary Hall consented to transfer the note and mortgage to the demandant. It discharged Mary…
2Cited by2 opinions
- McDaniel v. StroudCourt of Appeals for the Fourth Circuit · 1901
- Anderson v. LearoydMassachusetts Supreme Judicial Court · 1900