Look v. Kenney
Massachusetts Supreme Judicial Court
Contract upon a written agreement entered into on June 2, 1879, by the terms of which the plaintiff agreed to sell, and the defendant agreed to buy, á parcel of land in Leominster for $100, and an undivided half of another parcel of land in the same town for $40, the plaintiff to convey the same to the defendant within thirty days, “by a sufficient deed to give him a clear title thereto, free of all incumbrances.”
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Contract upon a written agreement entered into on June 2, 1879, by the terms of which the plaintiff agreed to sell, and the defendant agreed to buy, á parcel of land in Leominster for $100, and an undivided half of another parcel of land in the same town for $40, the plaintiff to convey the same to the defendant within thirty days, “by a sufficient deed to give him a clear title thereto, free of all incumbrances.” The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, on an agreed statement of facts in substance as follows; The plaintiff…
1Opinion of the CourtGray, C. J.
By our statutes, the legal title in a mortgage of real estate held by a deceased person, as well as the debt secured thereby, vests in his executor or administrator, and may be foreclosed or discharged by him; and he is seised of all mortgages, under which possession has been taken, in trust for those who would be entitled to the money in case of redemption. Gen. Sts. e. 96, §§ 9, 10. The mortgage reciting the payment of the consideration money “by Dwight B. Look and the estate of William Tilton,” conveying the land “unto the said Dwight B. Look and Tilton estate,” and containing a power of…
2Cases cited2 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Sheldon v. SmithMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Raymond v. CommonwealthMassachusetts Supreme Judicial Court · 1906