Barker v. Bigelow
Massachusetts Supreme Judicial Court
Writ of entry, dated May 26th 1857, by the trustees of the Quincy Loan Fund Association, to foreclose two mortgages of land in Cambridge, made, one in June and the other in December 1854, by the defendant to two of the plaintiffs, and to a third person who had since resigned his trust and released his title to the plaintiffs, the considerations named in which were respectively the payment of $ 1,989.50 and $ 600, and the condition of which was thus: “ Provided, nevertheless,…
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Writ of entry, dated May 26th 1857, by the trustees of the Quincy Loan Fund Association, to foreclose two mortgages of land in Cambridge, made, one in June and the other in December 1854, by the defendant to two of the plaintiffs, and to a third person who had since resigned his trust and released his title to the plaintiffs, the considerations named in which were respectively the payment of $ 1,989.50 and $ 600, and the condition of which was thus: “ Provided, nevertheless, that if the said Samuel Bigelow, his executors, administrators or assigns, shall pay unto the said grantees, their…
1Opinion of the Court
Dewey, J.*
The decisions of this court in the cases of Merrill v. McIntire, 13 Gray, 157, and Baxter v. McIntire, 13 Gray, 168, that a bond like those in the present case is a valid bond, and that its performance may be enforced by an action upon it, or by an action .to foreclose a mortgage given to secure the same sum, seem to leave nothing further open in the present case but the amount for which a conditional judgment is to be entered.
Looking merely at the case as disclosed by the mortgage deeds, and the duties required of the mortgagor to prevent a breach of the condition thereof, the rule…
2Cited by1 opinion
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