Tarbell v. Parker
Massachusetts Supreme Judicial Court
Bill in equity filed April 13, 1870, to redeem land in Pepperell from a mortgage. At the hearing, before Ames, J., by whom the case was reserved for the determination of the full court, the following facts appeared: Samuel A. Jewett, being the owner of the land, gave the mortgage to Charles F. Parker, and in December 1858 died intestate.
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Bill in equity filed April 13, 1870, to redeem land in Pepperell from a mortgage. At the hearing, before Ames, J., by whom the case was reserved for the determination of the full court, the following facts appeared: Samuel A. Jewett, being the owner of the land, gave the mortgage to Charles F. Parker, and in December 1858 died intestate. The defendant, who was his widow, was duly appointed administratrix and gave bond February 1,1859. She gave notice of her appointment as required by the Gen. Sts. o. 97, § 1, entered upon the administration of the estate, and on January 8,1861, represented it…
1Opinion of the CourtColt, J.
This is a bill to redeem a mortgage given by Samuel A. Jewett, who died in December 1858. The mortgage was assigned to the defendant in July 1865 ; and she also claims part of the mortgaged premises under an assignment of dower. The plaintiff’s right to redeem is denied, and the title averred to be in the heirs of Jewett only.
The plaintiff claims to hold by deed from Clarence Jewett, administrator de honis non of Samuel A. Jewett, who sold the equity of redemption to him under a license from the probate court to sell for the payment of debts, granted upon a petition filed in June 1864.
The…
2Cases cited1 opinion
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Ames v. JacksonMassachusetts Supreme Judicial Court · 1874
- Winchell v. SangerSupreme Court of Connecticut · 1900
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Interurban Const. Co. v. Central State Bank of KieferSupreme Court of Oklahoma · 1919
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