Legal Opinion

Johnson v. Thompson

Massachusetts Supreme Judicial Court

Decided September 11, 1880PublishedCited by 33 opinions

Bill in equity, filed January 6, 1876, against William C. Thompson, William A. Bacheller and Samuel Atherton, alleging that the plaintiff was the owner of certain parcels of land in Revere; that, in 1872, the former owner of the land mortgaged it for $5000 to Lyman B. Frazier, who subsequently assigned one undivided half of his interest in the mortgage and note secured thereby to the defendant Bacheller, who subsequently got possession of the' mortgage and note, and…

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Bill in equity, filed January 6, 1876, against William C. Thompson, William A. Bacheller and Samuel Atherton, alleging that the plaintiff was the owner of certain parcels of land in Revere; that, in 1872, the former owner of the land mortgaged it for $5000 to Lyman B. Frazier, who subsequently assigned one undivided half of his interest in the mortgage and note secured thereby to the defendant Bacheller, who subsequently got possession of the' mortgage and note, and discharged the mortgage and cancelled the signature on the note, without the knowledge of Frazier; that, after this, the…

1Opinion of the CourtSoule, J.

It is a settled principle of law that a grantee is estopped to deny the validity of any mortgage to which his deed recites that the conveyance to him is subject. Tuite v. Stevens, 98 Mass. 305. Howard v. Chase, 104 Mass. 249. We find nothing-in the facts of the case at bar which takes it out of the operation of this rule. The plaintiff took his title to the land described in his bill subject to the mortgage to the defendant Thompson. For this mortgage Thompson paid the amount which it purports to secure. It does not appear that he had any knowledge of the transactions by means of which the…

2Cases cited2 opinions

  1. Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
  2. Tuite v. StevensMassachusetts Supreme Judicial Court · 1867

3Cited by33 opinions

  1. Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
  2. Cleaveland v. Malden Savings BankMassachusetts Supreme Judicial Court · 1935
  3. Gregory v. ArmsIndiana Court of Appeals · 1911
  4. Calkins v. CopleySupreme Court of Minnesota · 1882
  5. United States Bond & Mortgage Co. v. KeaheySupreme Court of Oklahoma · 1916

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