Sparhawk v. Wills
Massachusetts Supreme Judicial Court
Bill in equity, filed on the 19th of August 1854, to redeem an estate from a mortgage made by the plaintiff to the defendant on the 5th of October 1848, to secure the payment of a note of $7,000 in one year with interest.
Read the full summary
Bill in equity, filed on the 19th of August 1854, to redeem an estate from a mortgage made by the plaintiff to the defendant on the 5th of October 1848, to secure the payment of a note of $7,000 in one year with interest. On this mortgage the defendant, at June term 1851 of the court of common pleas, had brought a writ of entry to foreclose, and obtained a condi tional judgment for the payment of $7,716 in sixty days, and, in default thereof, for possession; which possession, such payment not having been made,' the defendant took on the 6th of October 1851, and had since kept. The case,…
1Opinion of the CourtDewey, J.
The first exception, taken to the master’s report raises an important question, but one in reference to which we have no difficulty.' It is this; whether, upon a bill filed by the mortgagor to redeem an outstanding mortgage, when there has been a writ of entry to foreclose the mortgage, and judgment in favor of the mortgagee, and the court have, in pursuance of the statute, when rendering the conditional judgment, “ inquired and determined how much is due to the plaintiff on the mortgage,” that judgment does not determine the sum to be taken to be due, and payable at the time of the judgment,…
2Cited by1 opinion
- Bartlett v. SanbornSupreme Court of New Hampshire · 1886