Pierce v. Chace
Massachusetts Supreme Judicial Court
The first case was a bill in equity filed May 13, 1868, by Edward M. Pierce, and his wife, Celia J. Pierce, against Alvah Chace, John Anthony, and Candace Anthony, wife of said John, to redeem land in Fall River from a mortgage. The second case was a cross bill, filed February 25,1869, by the said Candace against the said Edward, Celia and Alvah, to redeem the land from the same mortgage, John Anthony having meanwhile died.
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The first case was a bill in equity filed May 13, 1868, by Edward M. Pierce, and his wife, Celia J. Pierce, against Alvah Chace, John Anthony, and Candace Anthony, wife of said John, to redeem land in Fall River from a mortgage. The second case was a cross bill, filed February 25,1869, by the said Candace against the said Edward, Celia and Alvah, to redeem the land from the same mortgage, John Anthony having meanwhile died. The cases were heard together by Colt, J., and reserved for the determination of the full court upon the following statement of the facts and pleadings: “ Caleb G. Anthony…
1Opinion of the CourtColt, J.
The plaintiffs in the first named suit have no valid
title to the equity of redemption in the mortgaged premises. The deed from which they derive title, given by Caleb to John and Candace Anthony, conveyed to the grantees an estate subject to mortgage, which they took as husband and wife, by entireties and not by moieties. Neither could convey during their joint lives so as to bind the other, or defeat the right of the survivor to the whole estate. Shaw v. Hearsey, 5 Mass. 521. The wife’s interest was that of owner of the fee, and she parted with no right by joining in her husband’s deed to…
2Cases cited5 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- White v. BuloidNew York Court of Chancery · 1830
- Field v. SchieffelinNew York Court of Chancery · 1823
3Cited by25 opinions
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
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