Foley v. Rose
Massachusetts Supreme Judicial Court
Contract to recover $511.28. The case was submitted, to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts in substance as follows: On November 18, 1873, John Foley mortgaged a parcel of land to Benjamin B. Ware and John Q. A. Clifton, to secure the payment of two promissory notes, one for $1000, payable in three years, and the other for $2000, payable in five years.
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Contract to recover $511.28. The case was submitted, to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts in substance as follows: On November 18, 1873, John Foley mortgaged a parcel of land to Benjamin B. Ware and John Q. A. Clifton, to secure the payment of two promissory notes, one for $1000, payable in three years, and the other for $2000, payable in five years. The mortgage deed contained a power of sale, and provided that “ out of the money arising from such sale, the grantees or their representatives shall be entitled to retain all…
1Opinion of the CourtMorton, J.
By the assignment to the plaintiff, the mortgagees, who at that time were the holders of both notes secured by the mortgage, “ assign, transfer and set over unto the said Jeremiah Foley and his heirs and assigns the said mortgage deed, the real estate thereby conveyed, so far as the same is security for said note of one thousand dollars thereby secured.”
This transferred the legal title to the mortgage and the land co the plaintiff, leaving in the mortgagees only an equitable interest. The extent of this equitable interest must be determined by the construction of the assignment.
Primá fade the…
2Cited by8 opinions
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- Solberg v. WrightSupreme Court of Minnesota · 1885
- Roth v. Troutdale Land Co.Oregon Supreme Court · 1917
- Weir v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1898
- Weir v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1898
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