George v. Wood
Massachusetts Supreme Judicial Court
Bill in equity to redeem land from a mortgage. After the former decision in this case, reported in 7 Allen, 14, the parties agreed upon the following facts: On the 8th of August 1853, Nathaniel Chessman, being seised of a tract of land in Milford, mortgaged it to Asa Wood, the defendant’s intestate, to secure the sum of $1000, which has never been paid, unless the release hereinafter mentioned from the defendant to Chessman operated as a payment of the same.
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Bill in equity to redeem land from a mortgage. After the former decision in this case, reported in 7 Allen, 14, the parties agreed upon the following facts: On the 8th of August 1853, Nathaniel Chessman, being seised of a tract of land in Milford, mortgaged it to Asa Wood, the defendant’s intestate, to secure the sum of $1000, which has never been paid, unless the release hereinafter mentioned from the defendant to Chessman operated as a payment of the same. Asa Wood afterwards died, and the defendant was appointed administratrix of his estate about the 1st of January 1856. On the 12th of May…
1Opinion of the CourtHoar, J.
It must be considered as settled that when the owner of an equity of redemption conveys by deed of warranty a part of the mortgaged premises, neither he, nor his heirs, nor subsequent grantees with notice of the remaining part' of the mortgaged premises, are entitled in equity to contribution from the first grantee, toward payment of the m<_ rigage debt. Chase v. Woodbury, 6 Cush. 143. Bradley v. George, 2 Allen, 392. George v. Kent, 7 Allen, 16. Kilborn v. Robbins, 8 Allen, 466. The land remaining in the mortgagor is first chargeable, and the equity of his vendee will be enforced against any…
2Cases cited6 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Guion v. KnappNew York Court of Chancery · 1836
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
- Clowes v. DickensonNew York Court of Chancery · 1821
- Wheelwright v. LoomerNew York Court of Chancery · 1844
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