Merritt v. Harris
Massachusetts Supreme Judicial Court
Writ of entry, dated March 30, 1868, to foreclose a mortgage of land in Worcester. The material facts, appearing by the report of the trial, before Ames, J., as since amended by the presiding judge with the assent of the parties, were as follows : In September 1855, the tenant, being seised of the demanded premises, and of a large adjacent tract of land, made a deed of the demanded premises to the Ladies’ Collegiate Institute in fee simple; provided however, and upon the…
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Writ of entry, dated March 30, 1868, to foreclose a mortgage of land in Worcester. The material facts, appearing by the report of the trial, before Ames, J., as since amended by the presiding judge with the assent of the parties, were as follows : In September 1855, the tenant, being seised of the demanded premises, and of a large adjacent tract of land, made a deed of the demanded premises to the Ladies’ Collegiate Institute in fee simple; provided however, and upon the express condition, that the grantees should within five years erect and complete certain buildings thereon; with the usual…
1Opinion of the CourtGray, J.
The deed from the tenant to the Ladies’ Collegiate Institute and the mortgage back from them to him, executed simultaneously and as parts of one transaction, must, as between the parties to them, be construed together, and in such a manner as to give full effect to both. Cloyes v. Sweetser, 4 Cush. 403. Pomeroy v. Latting, 15 Gray, 435. Under them, the tenant had two distinct interests in the estate; the one the right of entry upon any future breach of the condition in the deed; and the other the mortgage title as security for his debt. The deed being referred to in the mortgage, any one…
2Cases cited1 opinion
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
3Cited by11 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
- Weed Sewing Machine Co. v. EmersonMassachusetts Supreme Judicial Court · 1874
- Geffen v. PaletzMassachusetts Supreme Judicial Court · 1942
- Zandri v. TendlerSupreme Court of Connecticut · 1937
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