Legal Opinion

Butler v. Ives

Massachusetts Supreme Judicial Court

Decided April 6, 1885PublishedCited by 22 opinions

Writ oe entry, dated February 21,1883, to recover a parcel of land in Sandisfield. Trial in the Superior Court, without a jury, before Rockwell, J., who found for the demandant, and reported the case for the determination of this court. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

The demandant claims title under a mortgage made by Abigail Curtiss. The report states that the title to the demanded premises is now in the tenant, unless the demandant has a valid title.

During the coverture, the husband of the mortgagor advanced money for the benefit of her separate estate, and she, in consideration thereof, on February 17, 1871, made a note, and a mortgage of her separate estate, to one Seeley, for the benefit of her husband, the note being payable to said Seeley or bearer. Seeley assigned the mortgage to the husband, and delivered the note to him at some time during the…

2Cases cited5 opinions

  1. Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
  2. Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
  3. Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
  4. Chapman v. KelloggMassachusetts Supreme Judicial Court · 1869
  5. Abbott v. WinchesterMassachusetts Supreme Judicial Court · 1870

3Cited by22 opinions

  1. Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
  2. Opinion of Justices to the Senate & House of RepresentativesMassachusetts Supreme Judicial Court · 1939
  3. Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
  4. Lubowitz v. TainesMassachusetts Supreme Judicial Court · 1935
  5. Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889

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