Legal Opinion

Lunt v. Lunt

Supreme Judicial Court of Maine

Decided August 11, 1880PublishedCited by 1 opinion

ON REPORT. The court to render such judgment as the rights of the parties require. The opinion states the ease. cited : Jones on Mortgages, § 808; Dochray v. Noble, 8 Maine, 278; Dixfield v. Newton, 41 Maine, 221; Johnson v. Leonards, 68 Maine, 238. In this State where the mortgagee takes the legal title, a deed which conveys his interest, must pass the title.

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ON REPORT. The court to render such judgment as the rights of the parties require. The opinion states the ease. cited : Jones on Mortgages, § 808; Dochray v. Noble, 8 Maine, 278; Dixfield v. Newton, 41 Maine, 221; Johnson v. Leonards, 68 Maine, 238. In this State where the mortgagee takes the legal title, a deed which conveys his interest, must pass the title. As to the effect of a prior deed, without delivery of mortgage deed notes, see : Connor v. Whitmore, 52 Maine, 185 ; Johnson v. Leonards, 68 Maine, 237; Welch v. Driest, 8 Allen, 165. There is no objection to a conveyance of a part of…

1Opinion of the CourtAppleton , C. J.

This is a real action to recover a tract of land in Mt. Desert. Plea, nul disseizin.

On October 5,-1859, Mary S. Carter, deeded the plaintiff the Noble lot, the demanded premises, particularly describing the same, taking back a mortgage of the same, which on April 30, 1864, she assigned to Sally Lunt.

On August 22, 1863, the plaintiff by deed of warranty, conveyed to Joseph M. Lunt, the husband of the tenant, two-ninths of the demanded premises, but the deed was not recorded.

*378Subsequently, on February 15, 1864, the plaintiff mortgaged the demanded premises to H. & S. K. Whiting, who on April 18,…

2Cases cited1 opinion

  1. McSorley v. LarissaMassachusetts Supreme Judicial Court · 1868

3Cited by1 opinion

  1. W. H. Glover Co. v. SmithSupreme Judicial Court of Maine · 1927

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