Tarbell
Massachusetts Supreme Judicial Court
Petition, under St. 1882, c. 287, to bar an action upon an undischarged mortgage on certain premises in Newton, of which the petitioners alleged they were the owners in fee. Hearing in this court, before Morton, J., who found the following facts. Robert Porter conveyed the premises described in the petition to one William Jackson, guardian of Maria L. Wiswall, by mortgage dated May 22,1847, for $250, payable in three years from date.
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Petition, under St. 1882, c. 287, to bar an action upon an undischarged mortgage on certain premises in Newton, of which the petitioners alleged they were the owners in fee. Hearing in this court, before Morton, J., who found the following facts. Robert Porter conveyed the premises described in the petition to one William Jackson, guardian of Maria L. Wiswall, by mortgage dated May 22,1847, for $250, payable in three years from date. The mortgage was duly recorded, and was afterwards assigned by Jackson to one Charles Russell, trustee for Maria L. Wiswall, by deed dated October 5, 1847, and…
1Opinion of the CourtField, C. J.
This case has been argued only by the counsel for the petitioners, and we infer that no person has appeared to answer the petition, or to contest the right of the petitioners to the remedy they seek. So far as any objections to the petition have been suggested by counsel or occur to us, we think that they are not valid. We construe the words “when the record title of real estate is encumbered by an undischarged mortgage,” etc., at the beginning of St. 1882, c. 237, as including all cases where the mortgage is undischarged on the record of the proper registry of deeds, whether there is…
2Cited by2 opinions
- Mitchell v. BickfordMassachusetts Supreme Judicial Court · 1906
- McMahan v. McMahanMassachusetts Supreme Judicial Court · 1910