Fenner v. Tucker
Supreme Court of Rhode Island
Bill in equity, filed by the mortgagee of a tract of land in Cranston, near what is now called Elmwood, to set aside a sale under a power contained in a prior mortgage of the same tract, and to redeem that and another prior mortgage.
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Bill in equity, filed by the mortgagee of a tract of land in Cranston, near what is now called Elmwood, to set aside a sale under a power contained in a prior mortgage of the same tract, and to redeem that and another prior mortgage. On the 20th day of June, 1853, one Samuel Slocum, being then owner of the tract, mortgaged the same to one Henry J. Holden in fee, to secure the sum of twenty-eight hundred dollars, and afterwards, on the second day of November, 1855, executed another mortgage of the same tract, in fee, to one James T. Slocum, to secure the sum of one thousand dollars, which…
1Opinion of the CourtBosworth, J.
Upon the statements of the bill admitted in the answer, it is clear, that prior to the sale of this land under the power contained in the mortgage of James T. Slocum, the complainant had a right to redeem by paying the amount due on the two mortgages prior in date to his. As between him and the respondent, he might do this and hold the land until the respondent should pay his reasonable contribution. Where there are two distinct parcels of a tract of land, of which two persons are severally seised, the whole tract being under mortgage to a third party, the one entitled to either tract has a…
2Cases cited3 opinions
- Troup v. WoodNew York Court of Chancery · 1820
- Thompson v. DaviesNew York Supreme Court · 1816
- Backus & Whiting v. RogersNew York Supreme Court · 1811
3Cited by3 opinions
- Ten Hills Co. v. Ten Hills Corp.Court of Appeals of Maryland · 1939
- Rosner v. Worcester (In Re Worcester)United States Bankruptcy Court, C.D. California · 1983
- Joseph R. Alvernes v. Small Business AdministrationCourt of Appeals for the First Circuit · 1972