Nickerson v. Massachusetts Title Insurance
Massachusetts Supreme Judicial Court
Bill in equity by the owner of lot 399 on a plan of lands in that part of Newton called Waban, praying that the defendant be decreed to be estopped from enforcing a mortgage for $905.56, dated1 May 3, and recorded May 29, 1890, given by Jacob L. Hano to Arnold A. Rand, trustee, and held by the defendant by assignment, filed December 16, 1899. At the hearing in the Superior Court, before Bell, J„ it was admitted that the plaintiff was the owner of the equity of redemption of…
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Bill in equity by the owner of lot 399 on a plan of lands in that part of Newton called Waban, praying that the defendant be decreed to be estopped from enforcing a mortgage for $905.56, dated1 May 3, and recorded May 29, 1890, given by Jacob L. Hano to Arnold A. Rand, trustee, and held by the defendant by assignment, filed December 16, 1899. At the hearing in the Superior Court, before Bell, J„ it was admitted that the plaintiff was the owner of the equity of redemption of lot 399 under a quitclaim deed from the receivers of the Framingham Savings Bank and that she had notice of the…
1Opinion of the CourtLoring, J.
1. The defendant’s principal contention is that the plaintiff does not make out a case of an estoppel in pais unless she proves an intent to deceive on the part of the defendant, and that all that has been found in this ease is that the defendant was negligent.
Where one employed to draw a deed omitted to insert in the deed drawn by him an encumbrance, which he himself then owned, it was decided in England more than two hundred years ago that he was estopped from setting up his encumbrance against the rights which his employer obtained relying upon the deed, and that equity would enforce the…
2Cases cited4 opinions
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
- Foster v. WightmanMassachusetts Supreme Judicial Court · 1877
- Pearson v. BaileyMassachusetts Supreme Judicial Court · 1901
3Cited by7 opinions
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
- Jeselsohn v. Park Trust Co.Massachusetts Supreme Judicial Court · 1922
- Bailey v. WayMassachusetts Supreme Judicial Court · 1929
- Werlin v. Equitable Surety Co.Massachusetts Supreme Judicial Court · 1917
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