Pond v. Eddy
Massachusetts Supreme Judicial Court
Bill in equity for the reconveyance of land. The bill set forth that September 12, 1859, one John F. Pond assigned to the defendant by deeds of assignment absolute in form, but intended by the parties as collateral security for the payment of certain indebtedness of Pond to the defendant, ten mortgages of lots of land in Worcester; that the defendant at the same time acknowledged in writing the receipt of the assignments, and that they were to be used by him for Pond’s…
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Bill in equity for the reconveyance of land. The bill set forth that September 12, 1859, one John F. Pond assigned to the defendant by deeds of assignment absolute in form, but intended by the parties as collateral security for the payment of certain indebtedness of Pond to the defendant, ten mortgages of lots of land in Worcester; that the defendant at the same time acknowledged in writing the receipt of the assignments, and that they were to be used by him for Pond’s benefit; that the plaintiff had acquired, through sundry mesne conveyances, Pond’s right to redeem this collateral security;…
1Opinion of the CourtEndicott, J.
The master has found that the assignments of the several mortgages to the defendant by deeds absolute in form were in fact made as collateral security for a loan by the defendant to John F. Pond. There was evidence before the master which would warrant such finding, and we see no reason for disturbing his report in that respect.
The. defendant also excepts to the admission of parol evidence to establish the fact, that such was the real character of the transaction. Upon the other evidence reported the master might well have found, independently of the parol proof, that these mortgages were…
2Cases cited2 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Jackson v. StevensMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1878
- Monotype Composition Co. v. KiernanMassachusetts Supreme Judicial Court · 1946
- Cook v. JohnsonMassachusetts Supreme Judicial Court · 1896
- Fales v. GlassMassachusetts Appeals Court · 1980
- Hall v. TayMassachusetts Supreme Judicial Court · 1881
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