Warden v. Adams
Massachusetts Supreme Judicial Court
This was a writ of entry by the said Warden, as assignee of a mortgage made by the said Adams to one John Earle. The action came on for trial before the Chief Justice, at the last April term in this county, and the parties agreed that the following facts should be considered as proved in the case, viz.: The said Adams made and executed the mortgage deed declared on, conditioned for the payment of six promissory notes made by the said John and one Lewis Adams, payable to the…
Read the full summary
This was a writ of entry by the said Warden, as assignee of a mortgage made by the said Adams to one John Earle. The action came on for trial before the Chief Justice, at the last April term in this county, and the parties agreed that the following facts should be considered as proved in the case, viz.: The said Adams made and executed the mortgage deed declared on, conditioned for the payment of six promissory notes made by the said John and one Lewis Adams, payable to the said Earle, or his order. Afterwards, the said Earle became insolvent, and, from the 15th of November to the 5th of…
1Opinion of the Court
By the Court.
By force of our statutes regulating the transfer of real estates and for preventing frauds, no interest passes by a mere delivery of a mortgage deed, without an assignment in writing and by deed, (a)
An assignment, made by a separate deed, without the delivery over of the original mortgage deed, conveys all the interest of the mortgagee, and makes the grantee the assignee of the mortgage.
* The knowledge imputed in this case to Hamilton, the assignee, of an intention on the part of Earle, the mortgagee, to assign the mortgage to the demandant, does not impair the tenant’s title —…
2Cases cited1 opinion
- Runyan v. MersereauNew York Supreme Court · 1814
3Cited by4 opinions
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Cottrell v. AdamsU.S. Circuit Court for the Northern District of Illnois · 1870
- Ladd v. WigginSupreme Court of New Hampshire · 1857