Legal Opinion

Howe v. Russell

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 3 opinions

Bill in Equity, heard upon bill, answer and proof, and coming up on exceptions to the master’s report. Upon inquiry made, the Court ruled that, in such cases, the opening belongs to the excepting party.

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Bill in Equity, heard upon bill, answer and proof, and coming up on exceptions to the master’s report. Upon inquiry made, the Court ruled that, in such cases, the opening belongs to the excepting party. The material parts of the case appear to have been as follows : — Joseph Russell, in 1835, mortgaged to Edward Smith a large tract of forest land, to secure his promissory notes, which have not yet been given up or canceled; on which about seven thousand dollars appears to be due. Afterwards in 1838, he conveyed the same land, together .with a farm, on which he then and has ever since resided,…

1Opinion of the Court

Howard, J. —

The defendant Joseph Russell, mortgaged timber land, in 1835, to secure the payment of his notes described in the mortgage, and which are still outstanding. Afterward, in 1838, he conveyed by deed of warranty, the same land together with a farm to Sawyer. We have determined at a former hearing of this case, that the deed last named, though absolute in its terms, constituted a mortgage to the grantee to secure him for sums due, and liabilities assumed for the grantor. It appears, and it is admitted in the argument for the defendants, that the farm embraced the two parcels of land…

2Cases cited2 opinions

  1. Bowen v. CrossNew York Court of Chancery · 1820
  2. Hughes v. BloomerNew York Court of Chancery · 1841

3Cited by3 opinions

  1. Colvin v. GraySupreme Court of Vermont · 1922
  2. Clapp v. ShermanSupreme Court of Rhode Island · 1888
  3. Cordova v. KorteNew Mexico Supreme Court · 1895

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