McPherson v. Hayward
Supreme Judicial Court of Maine
On report. Bill in equity, to redeem a mortgage, heard on bill and supplemental bill, answers, and proofs. The bill, as originally framed, was to redeem a statute mortgage of certain lands in Aroostook county, given by Nathaniel Blake to G. K. Jewett, August 31, 1861. After an answer to this bill was filed, it was discovered that the title of the mortgagor, Blake, was by a conditional deed of the land from the state, which, it was alleged, became forfeited for non-payment;…
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On report. Bill in equity, to redeem a mortgage, heard on bill and supplemental bill, answers, and proofs. The bill, as originally framed, was to redeem a statute mortgage of certain lands in Aroostook county, given by Nathaniel Blake to G. K. Jewett, August 31, 1861. After an answer to this bill was filed, it was discovered that the title of the mortgagor, Blake, was by a conditional deed of the land from the state, which, it was alleged, became forfeited for non-payment; and a second answer was filed denying there was any right of redemption, it being claimed that the title to the land had…
1Opinion of the CourtEmery, J.
The material facts fouard by the court are these:
Nathaniel Blake, Jaoauary 4, 1853, bargained with the state land agent for the purchase of a large tract of state laaid, and for the purchase money gave three notes of that date for 11,186.57 each, and maturhrg hi one, two aard three years respectively-. He at the same time, received from the laaid ageait the usual deed, to himself and heirs and assigns, coaiditioned that it should be void, if the said notes were not paid at their maturity. Blake himself paid the first note, and also part of the second note. *333Part of the purchase money remained…
2Cases cited3 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Smith v. CremerIllinois Supreme Court · 1873
3Cited by11 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Caro v. WollenbergOregon Supreme Court · 1913
- Hall v. O'ConnellOregon Supreme Court · 1908
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