Smith v. Kelley
Supreme Judicial Court of Maine
The first named of these four cases was a bill in equity, brought by Smith against Kelley. The facts bearing on the questions decided in the equity suit are found in the opinion of the Court, and in the agreed statement in the other cases. . . In the three last named actions, the parties agreed upon the following statement of facts.
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The first named of these four cases was a bill in equity, brought by Smith against Kelley. The facts bearing on the questions decided in the equity suit are found in the opinion of the Court, and in the agreed statement in the other cases. . . In the three last named actions, the parties agreed upon the following statement of facts. The first of these actions was brought on the 24th of February, 1846, on a mortgage of an undivided half of about 30 acres of land, in Augusta, and was entered in the district court, at the April term, and came up to this Court by demurrer. To this action the…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
As between the mortgagor and mortgagee of land the legal estate is in the latter. By the law, as it is settled in this State and Massachusetts, the interest of the mortgagee cannot at law pass to a third person without an assignment in some form in writing under seal. Parsons v. Welles & al. 17 Mass. R. 419; Vose v. Handy, 2 Greenl. 322; Prescott v. Ellingwood, 23 Maine R. 345. Hence no person can be considered as claiming under the mortgagee, unless the claim is by virtue of a deed, notwithstanding the personal contract intended to be secured…
2Cases cited1 opinion
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
3Cited by5 opinions
- Crain v. McGoonIllinois Supreme Court · 1877
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Coffin v. . ParkerNew York Court of Appeals · 1891
- Cottrell v. AdamsU.S. Circuit Court for the Northern District of Illnois · 1870
- Council Bluffs Investment Co. v. KaySupreme Court of Iowa · 1934