Ryer v. Gass
Massachusetts Supreme Judicial Court
Bill in equity to redeem a mortgage of land in Boston. The case was heard by Ames, J., and reserved for the consideration of the full court, upon the following agreed facts: On October 7, 1874, Michael O’Connor, who was seised in fee of the estate in question, mortgaged the same to William B. Tyler to secure the payment of $5000 in one year; and that mortgage was subsequently assigned to Lorin L. Fuller, who assigned the same to William W. Gass, one of the defendants, on…
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Bill in equity to redeem a mortgage of land in Boston. The case was heard by Ames, J., and reserved for the consideration of the full court, upon the following agreed facts: On October 7, 1874, Michael O’Connor, who was seised in fee of the estate in question, mortgaged the same to William B. Tyler to secure the payment of $5000 in one year; and that mortgage was subsequently assigned to Lorin L. Fuller, who assigned the same to William W. Gass, one of the defendants, on July 25, 1878, after $3000 had been indorsed on the mortgage note as hereinafter set forth. O’Connor, on October 7, 1874,…
1Opinion of the CourtAmes, J.
It is well settled that a written document purporting to be a discharge of a mortgage may under some circum stances have the effect of an assignment; as, on .the other hand, a conveyance in the form of an assignment may operate as a discharge. This is a matter in which the form of the conveyance is not a decisive test, and a court of equity will go behind the form to reach the substantial merits of the case. And, even without any written assignment, a payment of the entire mortgage debt may give to the party making the payment the rights of an equitable mortgagee, so that in some…
2Cases cited1 opinion
- Neidig v. WhitefordCourt of Appeals of Maryland · 1868
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- Widett & Widett v. SnyderMassachusetts Supreme Judicial Court · 1984
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