Eaton v. Tuson
Massachusetts Supreme Judicial Court
Tort, for the conversion of a lot of furniture. Answer, a general denial. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: On December 13,1880, one William T. Carroll mortgaged to the defendant the furniture in question, specifically describing it, to secure the payment of a promissory note for $47 and interest, in three days from date. This mortgage was never recorded.
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Tort, for the conversion of a lot of furniture. Answer, a general denial. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: On December 13,1880, one William T. Carroll mortgaged to the defendant the furniture in question, specifically describing it, to secure the payment of a promissory note for $47 and interest, in three days from date. This mortgage was never recorded. On October 12, 1883, said Carroll made a mortgage to the plaintiff, to secure the payment of $50 in six months, containing the following description: “ All the…
1Opinion of the CourtField, J.
The question in this case is whether the plaintiff’s title was subject to the unrecorded mortgage of the defendant. The first two mortgages given to the plaintiff, we think, clearly purport to convey to the plaintiff the property, subject to the mortgage to the defendant; or, in other words, only to convey the mortgagor’s right of redeeming the property from the mortgage to the defendant. The third mortgage to the plaintiff is of ‘‘ all the personal property mortgaged to grantee by mortgage dated October 13, 1883, and recorded with Worcester city mortgages of personal property, to which…
2Cases cited3 opinions
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
- Pecker v. SilsbyMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Piea Realty Co. Inc. v. PapuzynskiMassachusetts Supreme Judicial Court · 1961
- Nation v. Planters and Mechanics BankSupreme Court of Oklahoma · 1911
- Haney v. HoltSupreme Court of Arkansas · 1929
- Mead v. MaberryMissouri Court of Appeals · 1895
- Whitney v. BrowneMassachusetts Supreme Judicial Court · 1902
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