Phinney v. Phinney
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill, demurrer and joinder. This was a bill in equity by a creditor, who sought to realize a judgment out of the debtor’s equity of redemption in a mortgage, given to secure the performance of a collateral agreement or undertaking, other than the payment of money. The bill is founded on the provisions of c. 129 of the acts of 1887. The material portions of the act are stated in the opinion.
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On report. Bill in equity, heard on bill, demurrer and joinder. This was a bill in equity by a creditor, who sought to realize a judgment out of the debtor’s equity of redemption in a mortgage, given to secure the performance of a collateral agreement or undertaking, other than the payment of money. The bill is founded on the provisions of c. 129 of the acts of 1887. The material portions of the act are stated in the opinion. The essential parts of the bill are as follows: Mary P. Phinney, of Augusta, in the county of Kennebec, and state of Maine, complains against Sarah E. Phinney and Nancy…
1Opinion of the CourtFoster, J.
The object of this bill is to enable an attaching creditor of the mortgagor, pending proceedings for foreclosure, to step in, postpone the time for the expiration of the right of redemption, and enable him to fulfill the requirements devolving on the mortgagee, agreeably to c. 129, Laws of 1887.
This statute provides that .in all cases where a debtor has mortgaged real estate to secure the performance of a collateral agreement other than the payment of money, and proceedings have been commenced to foreclose the mortgage and the time of redemption has not expired, a creditor of the mortgagor…
2Cases cited24 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Kring v. MissouriSupreme Court of the United States · 1883
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
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3Cited by18 opinions
- Atlantic Loan Co. v. PetersonSupreme Court of Georgia · 1935
- Allen v. AllenCalifornia Supreme Court · 1892
- Portland Savings Bank v. LandrySupreme Judicial Court of Maine · 1977
- Yeatman v. KingNorth Dakota Supreme Court · 1892
- Brady v. Bank of Commerce of CowetaSupreme Court of Oklahoma · 1913
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