True v. Haley
Supreme Judicial Court of Maine
Bill in equity. The plaintiff in equity, under the belief that the mortgage had been extinguished, conveyed the premises to one Elder, by a common deed of warranty.
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Bill in equity. The plaintiff in equity, under the belief that the mortgage had been extinguished, conveyed the premises to one Elder, by a common deed of warranty. After-wards, finding that the mortgage had not been fully paid, and his grantee being unwilling to move in the matter, the plaintiff demanded an account of the holder of the mortgage, which was refused, and made a tender of the sum supposed to be due; and then brought this bill. contended that whoever had an interest that the mortgage should be redeemed, could maintain a bill in equity for that purpose. It is the only way in which…
1Opinion of the Court
The opinion of the Court was by
Tenney J.
The equity of redemption, under a mortgage, is a subsisting estate in the land in the mortgagor, his heirs, devisees, assignees and representatives, and Courts of general equity jurisdiction have held, that not only such had the right of redemption, but that it exists in every other person, who has acquired any interest in the lands mortgaged by operation of law, or otherwise, in privity of title. But no case has been cited, and we have been able to find none, where one who once held the mortgagor’s interest, and has assigned the same with covenants of…
2Cited by2 opinions
- Smith v. VarneySupreme Judicial Court of Maine · 1973
- Cardwell v. Virginia State Ins.Supreme Court of Alabama · 1914