Brewster v. Seeger
Massachusetts Supreme Judicial Court
Petition, under St. 1893, c. 340, entitled “ An Act relative to quieting titles to real estate.” Hearing before Barker, J., who found that the petitioners were in possession and that the respondent was not in possession and was not the legal owner of the mortgage, and ordered the respondent to bring an action to test her title, and reported the case for the consideration of the full court, If the finding was warranted in law, the decree was to stand; otherwise, to be set…
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Petition, under St. 1893, c. 340, entitled “ An Act relative to quieting titles to real estate.” Hearing before Barker, J., who found that the petitioners were in possession and that the respondent was not in possession and was not the legal owner of the mortgage, and ordered the respondent to bring an action to test her title, and reported the case for the consideration of the full court, If the finding was warranted in law, the decree was to stand; otherwise, to be set aside. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a petition under St. 1893, c. 340, to compel the respondent to bring an action to try her claim to certain real estate. The petitioners have the title to the land. The respondent claims under a mortgage given to one Perry, “ as he is guardian ” of Elsie S. Adams, a minor, who is the respondent. The mortgage note is not set forth, but according to the recitals in the mortgage the promise of the note runs to Perry or his order. After the respondent had come of age and had married, Perry assigned the mortgage, which later was paid to the holder and discharged by him. Later still the…
2Cases cited10 opinions
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- President of the Bank of the United States v. LymanUnited States Circuit Court · 1848
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Zachary v. GregoryTexas Supreme Court · 1870
- Close v. HodgesSupreme Court of Minnesota · 1890
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3Cited by4 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Abate v. Fremont Investment & LoanMassachusetts Supreme Judicial Court · 2015
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
- Jepson v. Deutsche Bank National Trust Co.District Court, D. Massachusetts · 2013