Fitzgerald v. Libby
Massachusetts Supreme Judicial Court
Contract to recover $100, paid by the plaintiff to the defendant at a sale by auction of certain land, under a power of sale contained in a mortgage held by the defendant.
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Contract to recover $100, paid by the plaintiff to the defendant at a sale by auction of certain land, under a power of sale contained in a mortgage held by the defendant. Trial in the Superior Court, before Nnowlton, J., who allowed a bill of exceptions, in substance as follows : The land sold to the plaintiff is composed of lots 288 and 289 .on a plan of a large tract of land formerly belonging to Daniel Ayer, and known as “ Ayer’s new city,” said city being situate in Lowell, westerly of the Boston and Lowell Railroad, and southerly of the Chelmsford Road, so called, The two lots were…
1Opinion of the CourtC. Allen, J.
The only question is whether, by the true construction of the mortgage, lots 288 and 289 are to be deemed to have been included in the description of the land conveyed thereby. If they are, the plaintiff cannot recover. If they are not, his exceptions must be sustained. In determining this question, we must look at the whole of the mortgage, in the light of the circumstances under which it was given.
It embraces four different parcels, or clusters of parcels, of land. In respect to the first three of these, there is in each case a description of land, or a reference to deeds which are…
2Cases cited6 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Brown v. JacksonSupreme Court of the United States · 1818
- Hamilton v. DoolittleIllinois Supreme Court · 1865
- Mills v. ShepardSupreme Court of Connecticut · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
- Leominster Gas Light Co. v. HilleryMassachusetts Supreme Judicial Court · 1908
- Dow v. WhitneyMassachusetts Supreme Judicial Court · 1888
- ButrickMassachusetts Supreme Judicial Court · 1904
- Cunningham v. Norwegian Lutheran Church of AmericaWashington Supreme Court · 1947
4 more not listed; retrieve them via the Exa API.