Amory v. Fairbanks
Massachusetts Supreme Judicial Court
This was an action of debt on a bond, dated November 3, 1785, conditioned to pay the sum £277 Is. lid., lawful money, in six months with interest.
1Opinion of the Court
Upon oyer of the bond and condition, the defendants pleaded in bar that, on the day when the said bond was executed, they conveyed to him, the said Amory, in fee and in mortgage, a certain tract oi parcel of land in Framingham, &c. [describing it], which same lands were conveyed as collateral security for the performance of the condition of said bond, and that the said Amory thereafter, because the defendants had not performed the condition of said bond, on the ninth day of April, 1789, entered into and took possession of the said mortgaged premises for the same debt, and has yet had, and now…
2Cited by21 opinions
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- Harrison v. HallNew York Court of Appeals · 1924
- Hadley Falls Trust Co. v. United StatesCourt of Appeals for the First Circuit · 1940
- Sprague v. MartinSupreme Court of Minnesota · 1882
- Morgan v. PlumbNew York Supreme Court · 1832
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