Bigelow v. Bigelow
Supreme Judicial Court of Maine
On Motion by Defendants. This was a real action to foreclose a mortgage given by Levi R. Bigelow to John Harlow Bigelow for $1000 and annual interest, dated April 29, 1889, acknowledged May 8, and. recorded October 5, 1889. The mortgaged property is a farm in Smithfield, Somerset county, containing two hundred and forty acres of land with buildings, and was purchased by John Harlow Bigelow of R. H. and J. Palmer Merrill, by deed dated June 7,1888, for $2500, and conveyed by…
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On Motion by Defendants. This was a real action to foreclose a mortgage given by Levi R. Bigelow to John Harlow Bigelow for $1000 and annual interest, dated April 29, 1889, acknowledged May 8, and. recorded October 5, 1889. The mortgaged property is a farm in Smithfield, Somerset county, containing two hundred and forty acres of land with buildings, and was purchased by John Harlow Bigelow of R. H. and J. Palmer Merrill, by deed dated June 7,1888, for $2500, and conveyed by him to the defendant Levi R. Bigelow by deed dated April 27, 1889. May 27, 1891, the defendant Levi conveyed one…
1Opinion of the CourtWiswell, J.
This is a real action, brought, it is said in the plaintiffs’ brief, to foreclose a mortgage. The plaintiffs made out a prima facie case by introducing in evidence a mortgage given by *447Levi li. Bigelow, one of the defendants, and under whom the other two defendants claim, to J. Harlow Bigelow, dated April 27, 1889, acknowledged and recorded, to secure a note for one thousand dollars, together with the note, both of which had been duly assigned and transferred to the plaintiffs.
The defense was that the mortgage was not enforceable because it was without consideration; — that, in fact, there was…
2Cases cited2 opinions
- Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
- Young v. GlendenningSupreme Court of Pennsylvania · 1837
3Cited by7 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Tozier v. TozierSupreme Judicial Court of Maine · 1981
- Bigelow v. BigelowSupreme Judicial Court of Maine · 1901
- Nolan v. MathisSupreme Court of Oklahoma · 1928
- LaFlamme v. HoffmanSupreme Judicial Court of Maine · 1953
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