Reed v. Jones
Massachusetts Supreme Judicial Court
Bill in equity, filed August 2, 1879, by James H. Reed and William A. Low against Henry E. Jones and Isaac Pratt, Jr., trustees under the will of David Morrison, deceased, for the specific performance of an agreement by the defendants to release a certain parcel of land from a mortgage executed by the grantor of the plaintiffs to the defendants, and to restrain the defendants from selling said land under a power of sale contained in the mortgage.
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Bill in equity, filed August 2, 1879, by James H. Reed and William A. Low against Henry E. Jones and Isaac Pratt, Jr., trustees under the will of David Morrison, deceased, for the specific performance of an agreement by the defendants to release a certain parcel of land from a mortgage executed by the grantor of the plaintiffs to the defendants, and to restrain the defendants from selling said land under a power of sale contained in the mortgage. The case was referred to a master, who found the following facts: On. February 27, 1872, the defendants conveyed to Eben Sears a parcel of land in…
1Opinion of the CourtC. Allen, J.
The substance of the provisions contained in the condition of this mortgage is as follows:
*1191. The mortgagor is to pay to the mortgagee the sum of $21,201 in five years, with interest at the rate of seven per cent per annum, payable semiannually.
2. The mortgagor is also to pay all taxes and assessments upon or on account of the mortgaged premises.
3. The mortgagor may at his option pay the whole or any part of the mortgage debt at any time within the five years.
4. The mortgagee will at any time release to the mortgagor any portion of the premises, upon payment of a sum not exceeding the rate of…
2Cases cited2 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Colson v. ThompsonSupreme Court of the United States · 1817
3Cited by24 opinions
- Leventhal v. Atlantic Finance Corp.Massachusetts Supreme Judicial Court · 1944
- State Street Trust Co. v. CrockerMassachusetts Supreme Judicial Court · 1940
- Williams v. Harris County Houston Ship Channel Navigation DistrictTexas Supreme Court · 1936
- Clarke v. CowanMassachusetts Supreme Judicial Court · 1910
- Duff v. United States Trust Co.Massachusetts Supreme Judicial Court · 1951
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