Carll v. Kerr
Supreme Judicial Court of Maine
In Equity. On appeal, by the defendant. This is a bill in equity in which the plaintiff prays that an account may be taken of the sums equitably due the defendant on each of said mortgages; that the plaintiff may be allowed to redeem said mortgaged premises by paying to the defendant such sums as may be due the defendant by said account, and that the defendant may be ordered upon payment of said sum to release all his right and title in said premises .to the plaintiff.
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In Equity. On appeal, by the defendant. This is a bill in equity in which the plaintiff prays that an account may be taken of the sums equitably due the defendant on each of said mortgages; that the plaintiff may be allowed to redeem said mortgaged premises by paying to the defendant such sums as may be due the defendant by said account, and that the defendant may be ordered upon payment of said sum to release all his right and title in said premises .to the plaintiff. In 1897, one Sabra B. Carll was the owner in fee of certain real estate in Saco and described in plaintiff’s bill. May 5,…
1Opinion of the CourtPhilbrook, J.
Bill in equity, heard before a single Justice, the parties agreeing that such hearing “was to be final save the right of appeal.”
In 1897 Sabra B. Carll was the owner in fee simple of certain real estate in Saco. On May 5th of that year she mortgaged the premises to the Saco Savings Bank for two hundred dollars. On March 8th of the following year she mortgaged the same property to the same Bank for one hundred dollars. The Bank assigned the two mortgages, and the notes which the mortgages were given to secure, to Rena L. Carll on September 25th, 1908, and the same were assigned by Rena L.…
2Cases cited1 opinion
- Cameron v. AdamsMichigan Supreme Court · 1875
3Cited by6 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Smith v. VarneySupreme Judicial Court of Maine · 1973
- Malvaney v. YagerMontana Supreme Court · 1936
- Inhabitants of Town of Lincolnville v. PerrySupreme Judicial Court of Maine · 1954
- Cadle Co. v. LCM ASSOCIATESSupreme Judicial Court of Maine · 2000
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