Burtis v. Bradford
Massachusetts Supreme Judicial Court
Bill ir EQUITY by Arthur B. Burtis, the holder of a second mortgage of certain chattels, and Azro A. Williams, against the defendant as executrix of the will of Jonathan C. Bradford, to redeem a prior mortgage of the chattels made by Williams to the defendant’s testator. The case was heard before Devens, J., who reserved it for the consideration of the full court on the pleadings, the report of a master and exceptions thereto.
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Bill ir EQUITY by Arthur B. Burtis, the holder of a second mortgage of certain chattels, and Azro A. Williams, against the defendant as executrix of the will of Jonathan C. Bradford, to redeem a prior mortgage of the chattels made by Williams to the defendant’s testator. The case was heard before Devens, J., who reserved it for the consideration of the full court on the pleadings, the report of a master and exceptions thereto. The toaster found that there was due on the debt secured by the mortgage to Bradford the sum of $19.05, and that the value of the chattels was $550. The other facts…
1Opinion of the CourtEndicott, J.
An examination of the evidence reported by the master discloses no errors or mistakes on his part requiring us to set aside his conclusions.
It appears that in March, 1869, the plaintiff - Williams gave to John C. Bradford a mortgage on certain personal property to secure his note of $1200. During the lifetime of Bradford, payments to the amount of $661 were indorsed on the note. Bradford died in 1871, and the defendant was appointed executrix during the same year. The mortgage was then overdue, and the defendant repeatedly pressed Williams for payment, but never received anything from him.…
2Cases cited2 opinions
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
3Cited by11 opinions
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- Trustees of Smith Charities v. ConnollyMassachusetts Supreme Judicial Court · 1892
- Mayo v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
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