Searle v. Chapman
Massachusetts Supreme Judicial Court
Writ oe entry to foreclose a mortgage of a parcel of land in Northampton. Plea, nul disseisin, with a specification of defence that the first named tenant had a homestead estate in the land.
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Writ oe entry to foreclose a mortgage of a parcel of land in Northampton. Plea, nul disseisin, with a specification of defence that the first named tenant had a homestead estate in the land. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows . The demandant is the assignee of a mortgage given by the first named tenant on May 25, 1863, to secure the payment cL $2500. The deed contained full covenants of warranty, and a release of dower and homestead. The other tenant is the owner of the equity of redemption of the mortgaged…
1Opinion of the CourtGray, C. J.
The mortgage deed having been, as was admitted at the argument, executed by the husband and wife in due form to release all rights of dower and of homestead, those rights, as well as every other title of the husband in the premises, passed to the mortgagee, and were equally liable to him for the payment of the mortgage, and could not be set up either as a ground for redemption or as against a foreclosure, except upon the terms of paying the whole mortgage debt.
The power of a court of chancery to compel a mortgagee to tesort in the first instance to one of several estates mortgaged is *21exercised…
2Cited by11 opinions
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