Legal Opinion

Taylor v. Porter

Massachusetts Supreme Judicial Court

Decided March 15, 1811PublishedCited by 1 opinion

This was a special writ of entry sw disseisin, brought to foreclose a mortgage, and was submitted to the determination of the Court on the following facts agreed by the parties: — On the first day of April, 1805, Uriah Cotting and others were seised in fee of the demanded premises, and on that day conveyed the same to the demandants, who on the same day conveyed the same in fee and in mortgage to the said Cotting and others, to secure the payment of three several promissory…

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This was a special writ of entry sw disseisin, brought to foreclose a mortgage, and was submitted to the determination of the Court on the following facts agreed by the parties: — On the first day of April, 1805, Uriah Cotting and others were seised in fee of the demanded premises, and on that day conveyed the same to the demandants, who on the same day conveyed the same in fee and in mortgage to the said Cotting and others, to secure the payment of three several promissory notes given for the purchase money, viz. one note for 690 dollars, and two notes for 1035 dollars each. On the second…

1Opinion of the Court

No argument was had, and the opinion of the Court was delivered by

Parsons, C. J.

(after summarily stating the facts.) On these facts we are satisfied that the demandants are * en- [ * 357 ] titled to sue upon the mortgage, upon which they have declared, as a security for the 442 dollars 10 cents paid by them on the said notes, they having been damnified in that sum by paying it to Cotting.

But three questions arise. Shall they have the conditional judgment to have seisin of the lands mortgaged, unless 442 dollars 10 cents are paid by the tenant? Or shall they have a conditional judgment to…

2Cited by1 opinion

  1. Cumming v. CummingSupreme Court of Georgia · 1847

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