Weeks v. Baker
Massachusetts Supreme Judicial Court
Replevin of a sail-boat. At the trial in the Superior Court, without a jury, before Sherman, J, there was evidence tending to prove the following facts. On October 26, 1881, the plaintiff, who then owned the boat, gave a mortgage upon it to the defendant for eighty-six dollars, which contained a power of sale in the usual form, and was made payable in two years.
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Replevin of a sail-boat. At the trial in the Superior Court, without a jury, before Sherman, J, there was evidence tending to prove the following facts. On October 26, 1881, the plaintiff, who then owned the boat, gave a mortgage upon it to the defendant for eighty-six dollars, which contained a power of sale in the usual form, and was made payable in two years. The defendant, in January, 1889, took possession of the boat, a balance of the mortgage debt then remaining unpaid, whereupon the plaintiff tendered to him the sum of thirty-one dollars and fourteen cents, which was more than was due…
1Opinion of the CourtKnowlton, J.
The plaintiff, who was a mortgagor of the property replevied, tendered to the defendant, the mortgagee, more than the amount due on the mortgage, but the defendant declined to receive it, and afterwards sold the property under the mortgage, and became the purchaser at the sale.
A mortgage conveys an estate or title defeasible on the performance of a condition subsequent. If the condition is performed according to its terms, the mortgage immediately becomes void, and the mortgagee is divested of his title. Tender of performance has the same effect. Darling v. Chapman, 14 Mass. 101. Edwards v.…
2Cases cited14 opinions
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3Cited by14 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
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- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
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