Ayres v. Waite
Massachusetts Supreme Judicial Court
In this case, which was argued by E. Washburn and S. T. Spaulding, for the complainants, and P. C. Bacon and D. Foster, for the respondents, the facts appear in the opinion of the court, given by
1Opinion of the CourtCushing, J.
This case came before this court on a bill in equity filed on the 31st of March, 1851, and on the answers and evidence, by which it appears that Samuel Waite, the ancestor of the complainants, mortgaged to Jonathan Waite, one of the respondents, certain real estate, which the complainants now seek to redeem. And the material facts by which this question is to be decided, are as follows:
The mortgage deed in common form was executed on the 2.d of May, 1818. Subsequently to this time, namely, in September, 1826, Jonathan Waite assigned by deed all his interest in the mortgage and mortgaged…
2Cases cited8 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Nelson v. CarringtonSupreme Court of Virginia · 1815
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
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