Crowley v. Adams
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on March 1, 1913, for the registration of the title to two parcels of land in that part of Boston known as West Roxbury.
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Petition, filed in the Land Court on March 1, 1913, for the registration of the title to two parcels of land in that part of Boston known as West Roxbury. After the filing of the report of the examiner appointed by the Land Court and the issuance and return of a citation and the joining of issues, the case was referred to a master and, after the filing of his report, was heard by Corbett, J. It appeared that the petitioner derived his title from one who, in behalf of one Ellen S. Murphy, purchased the two parcels of land at sales in foreclosure of mortgages alleged to have been assigned to…
1Opinion of the CourtBraley, J.
The petitioner having waived his exceptions to the master’s report, and the evidence not having been reported, the question is whether the findings and rulings of the trial judge were warranted by the report and the inferences of fact therefrom which could be properly drawn. Kennedy v. Welch, 196 Mass. 592, 594.
It is settled in this Commonwealth that as between the parties a mortgage is regarded as a conveyance in fee for the protection of the mortgagee, but until foreclosure, the mortgage in equity constitutes a lien for security of the debt or obligation, subject to which the property can…
2Cases cited14 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
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