Barton v. Conley
Supreme Judicial Court of Maine
On appeal by respondent. A bill in equity to redeem a mortgage of real estate upon which foreclosure proceedings had been begun. The mortgage contained a one year foreclosure covenant, and was dated prior to the amendment of Sec. 4 of Chap. 95, of the R. S., by Chap. 192 of the Laws of 1917, requiring the mortgagee within three months after the completion of foreclosure to record in the Registré of Deeds an affidavit setting forth certain facts.
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On appeal by respondent. A bill in equity to redeem a mortgage of real estate upon which foreclosure proceedings had been begun. The mortgage contained a one year foreclosure covenant, and was dated prior to the amendment of Sec. 4 of Chap. 95, of the R. S., by Chap. 192 of the Laws of 1917, requiring the mortgagee within three months after the completion of foreclosure to record in the Registré of Deeds an affidavit setting forth certain facts. Such affidavit was not made or recorded. The bill was brought the next day after the expiration of the one year for redemption. The complainant…
1Opinion of the CourtDeasy, J.
This suit, a bill in equity for redemption of a real estate mortgage, comes to the Law Court on the defendant’s appeal.
The mortgage was in 1905 given by the plaintiff to one Geo. W. Towle. It contains a one year foreclosure clause in the form then commonly in use. In 1919 the mortgage was by Towle’s executors assigned to the defendant.
On Feb. 20, 1919 the mortgagee’s executors by consent in writing of the mortgagor, and for the purpose of foreclosure, entered into possession of the mortgaged premises. A year and a day later, on Feb. 21, 1920, without prior tender, this bill for redemption was…
2Cases cited10 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Edwards v. KearzeySupreme Court of the United States · 1878
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Louisiana v. New OrleansSupreme Court of the United States · 1880
- Tennessee v. SneedSupreme Court of the United States · 1877
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3Cited by8 opinions
- Warren v. Waterville Urban Renewal AuthoritySupreme Judicial Court of Maine · 1967
- Conley v. BartonSupreme Court of the United States · 1923
- Portland Savings Bank v. LandrySupreme Judicial Court of Maine · 1977
- N.A. Burkitt, Inc. v. J.I. Case Co.District Court, D. Maine · 1984
- Woodbine Savings Bank v. ShriverSupreme Court of Iowa · 1929
3 more not listed; retrieve them via the Exa API.