Legal Opinion

Tucker v. Fenno

Massachusetts Supreme Judicial Court

Decided October 15, 1872PublishedCited by 9 opinions

Bill in equity against Charles W. Fenno and Frances E. Fenno, to redeem land in Worcester from a mortgage. Hearing before Chapman, C. J., who made a report of the case for the consideration of the full court, substantially as follows: The defendant, Charles W. Fenno, being the owner of the land, mortgaged it in March 1863 to the other defendant, his mother, Frances E. Fenno, the wife of William D. Fenno, and in July 1863 he conveyed the equity of redemption to William D.…

Read the full summary

Bill in equity against Charles W. Fenno and Frances E. Fenno, to redeem land in Worcester from a mortgage. Hearing before Chapman, C. J., who made a report of the case for the consideration of the full court, substantially as follows: The defendant, Charles W. Fenno, being the owner of the land, mortgaged it in March 1863 to the other defendant, his mother, Frances E. Fenno, the wife of William D. Fenno, and in July 1863 he conveyed the equity of redemption to William D. Fenno. In October 1863, Frances E. Fenno entered for condition broken, to foreclose the mortgage, in the presence of two…

1Opinion of the CourtAmes, J.

The effect of the deed from Charles W. Fenno to his father, inasmuch as the property conveyed had been previously mortgaged to his mother, was to place his father and mother in the relation to each other of mortgagor and mortgagee. For some purposes, and to a certain extent, they might stand in that relation. It is not contended that the conveyance of the equity of redemption to the husband would have the effect to deprive the wife of her investment of her own separate funds, or destroy her title as mortgagee.

But at the same time, her rights and remedies as mortgagee would be greatly modified…

2Cases cited1 opinion

  1. Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807

3Cited by9 opinions

  1. Hall v. BlissMassachusetts Supreme Judicial Court · 1875
  2. Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
  3. Cormerais v. WesselhoeftMassachusetts Supreme Judicial Court · 1874
  4. Blackwell v. BlackwellMassachusetts Supreme Judicial Court · 1907
  5. Degnan v. FarrMassachusetts Supreme Judicial Court · 1879

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API