Everett v. Gately
Massachusetts Supreme Judicial Court
Bill ie equity, filed May 15, 1901, to restrain the foreclosure of a mortgage alleged to have been paid in full. The Superior Court made a decree overruling exceptions to a master’s report, confirming the report and ordering that the bill be dismissed. The plaintiff appealed. The case was submitted on briefs at the sitting of the court in December, 1902, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtMorton, J.
The plaintiff is the owner of a certain tract of land in Hyde Park which formerly belonged to one Brock. Brock conveyed it to the plaintiff by a quitclaim deed covenanting that the premises “ are free from all incumbrances made or *504suffered by me except one now on record in Norfolk Registry of Deeds.” The master, to whom the case was sent, found that the incumbrance thus referred to was a mortgage from Brock to one Emily H. Swift, which with the note was subsequently assigned and transferred by her to the defendant, and is now held by him. The bill alleges that the mortgage has been fully…
2Cases cited4 opinions
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
- Ayer v. Philadelphia & Boston Face Brick Co.Massachusetts Supreme Judicial Court · 1892
- Swett v. ShermanMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Walker v. HaslettCalifornia Court of Appeal · 1919
- McRae v. PopeMassachusetts Supreme Judicial Court · 1942
- Piea Realty Co. Inc. v. PapuzynskiMassachusetts Supreme Judicial Court · 1961
- Gerrity v. Wareham Savings BankMassachusetts Supreme Judicial Court · 1909
- Kendall v. BolsterMassachusetts Supreme Judicial Court · 1921
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