Hogins v. Arnold
Massachusetts Supreme Judicial Court
Debt upon a bond. The condition of the bond recited, that the plaintiff, on January 22, 1827, by a deed of quitclaim, granted and released to the defendant all his interest in certain real estate in Boston; and that the consideration of the deed was the indemnification of the defendant against the payment of a promissory note of the same date, made by the plaintiff for the sum of $ 1000, payable to the defendant or his order in one year from May 15, 1827, and indorsed hv the…
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Debt upon a bond. The condition of the bond recited, that the plaintiff, on January 22, 1827, by a deed of quitclaim, granted and released to the defendant all his interest in certain real estate in Boston; and that the consideration of the deed was the indemnification of the defendant against the payment of a promissory note of the same date, made by the plaintiff for the sum of $ 1000, payable to the defendant or his order in one year from May 15, 1827, and indorsed hv the defendant to William Savage. The condition then provided, that if the plaintiff, his heirs, executors, administrators,…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The Court are strongly inclined to the opinion, that, as the bond and deed were executed together as parts of one transaction, the bond constituted a defeasance to the deed, and the remain ing interest of the plaintiff was that of a mortgager; and it seems to have been so considered by the plaintiff, by recording it. If the interest of the plaintiff by force of this bond, was that of a mortgager, it was that of a mortgager before condition broken, and as the condition never was broken, the estate was defeated at law, and no release or reconveyance…
2Cases cited2 opinions
- Bond v. CutlerMassachusetts Supreme Judicial Court · 1813
- Gage v. GannettMassachusetts Supreme Judicial Court · 1814