Conners v. Holland
Massachusetts Supreme Judicial Court
Tort, in the nature of trespass quare clausum fregit, for entering into the plaintiffs’ close and dwelling-house, and ejecting them therefrom. The defendant claimed title through a purchaser at a sale under a power of sale contained in a mortgage of the premises made by one Michael Conners, the father of the plaintiffs.
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Tort, in the nature of trespass quare clausum fregit, for entering into the plaintiffs’ close and dwelling-house, and ejecting them therefrom. The defendant claimed title through a purchaser at a sale under a power of sale contained in a mortgage of the premises made by one Michael Conners, the father of the plaintiffs. By the agreed statement of facts, upon which the case was submitted in the Superior Court, it appeared that Michael Conners, March 13, 1872, executed a mortgage in which, after a covenant that the granted premises were free from all incumbrances except one mortgage for $870,…
1Opinion of the CourtMorton, J.
It is conceded that the plaintiff cannot recover if the sale under the provision contained in the mortgage .of Michael Conners was valid. This depends upon the question whether interest was over due under the mortgage at the time the advertisement and sale took place.
The mortgagor covenants that the granted premises “ are’free from all incumbrances except one mortgage for $870,” and the condition of the mortgage is as follows: “ Provided, nevertheless, that if the said grantor or his heirs,-executors, administrators, or assigns, shall pay unto the said grantee, or his executors,…
2Cases cited1 opinion
- Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
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- Ratner v. HillMassachusetts Supreme Judicial Court · 1930
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- Mulloney v. BlackMassachusetts Supreme Judicial Court · 1923
- Reilly v. PhillipsSouth Dakota Supreme Court · 1894
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