Beard v. Fitzgerald
Massachusetts Supreme Judicial Court
Bill is equity against Patrick Fitzgerald and George E. Paige, to redeem from a mortgage a parcel of land in Springfield. The case was referred to a master, and on the pleadings and his report was reserved by the chief justice for the consideration of the full court. The facts are stated in the opinion.
1Opinion of the Court
Wells, J.. William B. Newman made a mortgage to the defendant Fitzgerald, covering the whole of one parcel of land, and also his undivided half of another parcel. He then conveyed the first parcel, by deed of warranty, for an adequate consideration, to the plaintiff, who had no knowledge, in fact, of the mortgage to Fitzgerald. Subsequently he conveyed his half of the other parcel to Fitzgerald. The defendants insist-that this deed was without consideration, and made for the sole purpose of enabling Fitzgerald to sell and convey the land in the absence of Newman; and the fact, if competent…
2Cited by2 opinions
- Clark v. FontainMassachusetts Supreme Judicial Court · 1883
- Converse v. Ware Savings BankMassachusetts Supreme Judicial Court · 1890