Farnum v. Peterson
Massachusetts Supreme Judicial Court
Contract on the" covenant against incumbrances in a deed from the defendant to the plaintiff of land in Boston. Writ dated December 1,1871. At the trial in the Superior Court, before ¡Boclmell, J., it appeared that in 1850 the land was conveyed by the trustees of the Warren Association to Isaac Campbell, and Campbell mortgaged it back to the trustees, who in 1851 assigned the mortgage to Hall J. How and others; that in 1852 Campbell gave to Elnathan Davis a quitclaim deed of…
Read the full summary
Contract on the" covenant against incumbrances in a deed from the defendant to the plaintiff of land in Boston. Writ dated December 1,1871. At the trial in the Superior Court, before ¡Boclmell, J., it appeared that in 1850 the land was conveyed by the trustees of the Warren Association to Isaac Campbell, and Campbell mortgaged it back to the trustees, who in 1851 assigned the mortgage to Hall J. How and others; that in 1852 Campbell gave to Elnathan Davis a quitclaim deed of the land, containing a recital that the land was subject to the mortgage, and a covenant that Campbell would warrant…
1Opinion of the CourtWells, J.
Whatever may have been the nature and extent of the title or right which Campbell acquired from How and others, and conveyed to the defendant, it was not an absolute or perfect one. The right of redemption from the mortgage held by How and others remained outstanding in Jonas Davis as heir of Elnathan Davis. That right does not appear to have been foreclosed in any manner.
It is immaterial, therefore, whether the defendant acquired a legal interest under the mortgage title, or held the land by disseisin only. By means of a writ of entry, or a bill to redeem, or both, Davis might have been…
2Cases cited1 opinion
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
3Cited by15 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Steeple v. DowningIndiana Supreme Court · 1878
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
- Halsted v. . SilbersteinNew York Court of Appeals · 1909
10 more not listed; retrieve them via the Exa API.