Stevens v. Miner
Massachusetts Supreme Judicial Court
Bill in equity, filed March 17, 1866, to redeem land in Sheffield from three mortgages. At the hearing, before Crray, J., it appeared that all three mortgages were made by Jonathan C. Stevens on his farm, or a part thereof, the first in 1828, to the Massachusetts Hospital Life Insurance Company; the second in 1841, to Fitch Ferris; and the third in 1842, to the defendant Miles Miner; that Stevens conveyed his farm in 1848 to Augustus E. Fuller, Ephraim Dixon and Hubbell…
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Bill in equity, filed March 17, 1866, to redeem land in Sheffield from three mortgages. At the hearing, before Crray, J., it appeared that all three mortgages were made by Jonathan C. Stevens on his farm, or a part thereof, the first in 1828, to the Massachusetts Hospital Life Insurance Company; the second in 1841, to Fitch Ferris; and the third in 1842, to the defendant Miles Miner; that Stevens conveyed his farm in 1848 to Augustus E. Fuller, Ephraim Dixon and Hubbell Smith, and they in the following year conveyed it to the plaintiff; that in 1843 Miner brought a writ of entry against…
1Opinion of the Court
Chapmaít, C. J.
The original title to the mortgaged premises was in Jonathan C. Stevens, who made the three mortgages in question. He conveyed the equity of redemption to Fuller, Dixon and Smith in 1843, and they conveyed it to the plaintiff in 1844.
At May term 1846, the plaintiff brought a bill against Miner to redeem the third mortgage. Miner set up his right under the first, which he had paid, and which had been assigned to him. The plaintiff obtained a decree for redemption as to the first and third mortgages, upon payment of $6759.35, with interest, within a time specified, but did not…
2Cases cited1 opinion
- Waller v. HarrisNew York Court of Chancery · 1838
3Cited by11 opinions
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Sposedo v. MerrimanSupreme Judicial Court of Maine · 1914
- Dennett v. CodmanMassachusetts Supreme Judicial Court · 1893
- Flanders v. HallMassachusetts Supreme Judicial Court · 1893
- Ladd v. LaddAppellate Court of Illinois · 1912
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