Haskins v. Hawkes
Massachusetts Supreme Judicial Court
Bill in equity, filed February 15,1871, by the mortgagor of a parcel of land in Marblehead, to redeem it from the mortgage.
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Bill in equity, filed February 15,1871, by the mortgagor of a parcel of land in Marblehead, to redeem it from the mortgage. The bill alleged that the plaintiff on April 9,1857, being then seised in fee simple of the land, mortgaged it to William Hawkes to secure repayment of a loan of $600 made to him that day by the mortgagee, for which he gave Ms promissory note ; that on November 8, 1860, the mortgagee died intestate, never having demanded repayment of the loan or taken any step to foreclose the mortgage; that • Ms only heirs at law were Ms two sons, Franklin and William, and three…
1Opinion of the CourtChapman, C. J.
When William Hawkes, the mortgagee, died, in November 1870, there had been no entry or other proceeding for foreclosure; and the plaintiff’s right to redeem re.nained unaffected. The mortgage was personal assets, and would go to an administrator. Gen. Sts. c. 96, § 9. The children and heirs of Hawkes, who are made defendants in the bill, entered the mortgaged premises to foreclose, and took the rents and profits. But they were mistaken in supposing they had such a title as would enable them to foreclose. Smith v. Dyer, 16 Mass. 18. Fay v. Cheney, 14 Pick. 404. Palmer v. Stevens, 11 Cush. 147.…
2Cases cited1 opinion
- Smith v. DyerMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
- Nathan Miller & Sons, Ltd. v. BlinnMassachusetts Supreme Judicial Court · 1914
- Pfeiffer v. MatthewsMassachusetts Supreme Judicial Court · 1894