Taft v. Stoddard
Massachusetts Supreme Judicial Court
Bill im equity, filed October 18, 1884, by the administrator of the estate of Whitman Holbroolc, to redeem a certain parcel of land in Upton from a mortgage given by Ezekiel B. Stoddard to William Dickinson, and assigned to the defendant.
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Bill im equity, filed October 18, 1884, by the administrator of the estate of Whitman Holbroolc, to redeem a certain parcel of land in Upton from a mortgage given by Ezekiel B. Stoddard to William Dickinson, and assigned to the defendant. Hearing, in the Superior Court, before Aldrich, J., who, after a final decree for the plaintiff, reported the case for the determination of this court, in substance as follows: On February 28, 1870, Ezekiel B. Stoddard conveyed in mortgage, by a deed duly recorded, certain land in Upton to William Dickinson, the condition of the mortgage being as follows: “…
1Opinion of the CourtMorton, C. J.
This is a bill in equity, brought by the administrator of the estate of a second mortgagee to redeem land from a first mortgage. The first mortgage was originally given by Ezekiel B. Stoddard to one Dickinson, and was afterwards assigned to the defendant. It was, in form, a mortgage to secure the payment of a note for $10,000. It was proved by oral testimony, at the hearing, that it was, in fact, given for the benefit of the defendant, to secure him for advances which he had made, and which he might thereafter make, for the benefit of the mortgagor in the settlement of his affairs, and for…
2Cases cited1 opinion
- Upton v. National Bank of South ReadingMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
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- Financial Acceptance Corp. v. GarveyMassachusetts Appeals Court · 1978
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Whitney v. Metallic Window Screen Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Barry v. General Mortgage & Loan Corp.Massachusetts Supreme Judicial Court · 1926
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