Dooley v. Potter
Massachusetts Supreme Judicial Court
Bill in equity, filed August 25, 1879, to redeem a parcel of land in the town of Florida, in this Commonwealth, from a mortgage held by the defendant. The case was heard by W. Allen, J„ on the report of a master and exceptions thereto, and reserved for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
In 1869, Peter Dooley gave to Hazael Wiley and others a mortgage on certain lands in this State and in the State of Vermont, the condition of which was the payment of certain promissory notes made by him. Of this mortgage the defendant became the assignee in 1876. In 1871, Peter Dooley gave a second mortgage, which was on the Massachusetts land only, to one Edmonds, who assigned the same to the plaintiff by deed dated November 30,1878, and recorded on February 8,1879. Previously to this assignment, the defendant, as assignee of the first mortgage, had brought, in 1876, a writ of entry against…
2Cases cited4 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Keith v. SwanMassachusetts Supreme Judicial Court · 1814
3Cited by13 opinions
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Cleaveland v. Malden Savings BankMassachusetts Supreme Judicial Court · 1935
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- Elwell v. New England Mortgage Security Co.Supreme Court of Georgia · 1897
- Carter v. CarterNorth Dakota Supreme Court · 1905
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