Crosby v. Chase
Supreme Judicial Court of Maine
The action was a writ of entry, and was referred by rule of Court in the usual form. At the hearing before the referees, it appeared, that the title to the premises prior to May 23, 1831, was in the demandant; that on that day, he conveyed the same to one Cyrus Chase, for the consideration of $400, to secure which sum, he gave the demandant four notes of $100 each, payable in one, two, three and four years, and a mortgage of the same premises, recorded May 31, 1831 ; that on…
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The action was a writ of entry, and was referred by rule of Court in the usual form. At the hearing before the referees, it appeared, that the title to the premises prior to May 23, 1831, was in the demandant; that on that day, he conveyed the same to one Cyrus Chase, for the consideration of $400, to secure which sum, he gave the demandant four notes of $100 each, payable in one, two, three and four years, and a mortgage of the same premises, recorded May 31, 1831 ; that on July 21, 1835, Cyrus Chase gave a deed of the demanded premises to Crosby, recorded July 28, 1835, having the following…
1Opinion of the Court
The opinion of the Court was prepared by
Weston C. J.
Whatever the parties may have intended, it is manifest that the interest of the mortgagor, with which payment was made in point of form, had previously been taken from him by an attachment, which being consummated, relates back to a day anterior to the deed from the mortagagor to the demandant. If nothing but payment in fact, or the release of the mortgagee, will discharge a mortgage, which is a principle, not only equitable in itself, but sustained by the authorities, cited for the demandant, his lien upon the land created by the mortgage,…
2Cases cited1 opinion
- White v. BondMassachusetts Supreme Judicial Court · 1820
3Cited by8 opinions
- Jacobs v. MillerMichigan Supreme Court · 1883
- Howard v. First National BankSupreme Court of Kansas · 1890
- Pacific National Agricultural Credit Corp. v. WilburCalifornia Supreme Court · 1935
- De Beque v. LigonCourt of Appeals of Texas · 1926
- Walker v. Farmers Bank of KendrickIdaho Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.