Leavitt v. Pratt
Supreme Judicial Court of Maine
ON Motion and Exceptions from JSfisi Prius, Walton, J., presiding. Petition for partition. The respondent offered to prove that the petitioner, in consideration that the mortgager, the respondent’s grantor, had paid the money received from the respondent for the land mortgaged to the petitioner, the latter agreed to discharge the mortgage, and the presiding Judge admitted the testimony, against the objection of the petitioner.
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ON Motion and Exceptions from JSfisi Prius, Walton, J., presiding. Petition for partition. The respondent offered to prove that the petitioner, in consideration that the mortgager, the respondent’s grantor, had paid the money received from the respondent for the land mortgaged to the petitioner, the latter agreed to discharge the mortgage, and the presiding Judge admitted the testimony, against the objection of the petitioner. The verdict was for the defendant, and the petitioner excepted. The remaining facts appear in the opinion.
1Opinion of the CourtAppleton, C. J.
The petitioner claims title as mortgagee, and that he has entered for the purposes of foreclosure. The mortgage debt has been paid but in part, and is still outstanding. The mortgage has not been discharged by a deed of release, from the person authorized to discharge it, nor by causing satisfaction and payment, under his hand, to be entered on the margin of such mortgage, in the register’s office, in accordance with R. S., 1857, c. 90, § 26.
The respondent purchased the land of the mortgager and paid the purchase money to the petitioner, the mortgagee, upon his verbal agreement to discharge…
2Cases cited1 opinion
- Wallis v. LongSupreme Court of Alabama · 1849
3Cited by4 opinions
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- First National Bank v. GallagherSupreme Court of Minnesota · 1912
- First National Bank v. KreigNevada Supreme Court · 1893
- Mussey v. BatesSupreme Court of Vermont · 1892