Pierce v. Balkam
Massachusetts Supreme Judicial Court
This was a real action, brought in the court of common pleas, for the foreclosure of two mortgages, upon which, the demandant contended, he was entitled to a single consolidated conditional judgment.
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This was a real action, brought in the court of common pleas, for the foreclosure of two mortgages, upon which, the demandant contended, he was entitled to a single consolidated conditional judgment. It appeared, that the tenant, on the 18th of December, 1844, made a mortgage of a certain estate in Dorchester, to Alexander Pope and John H. Robinson, as the trustees of Elizabeth H. Pierce, then the wife of the demandant, to secure the payment of a promissory note for $1000, in one year from the date thereof, which was the date of the mortgage, with interest payable semi-annually: and, that, on…
1Opinion of the CourtShaw, C. J.
The plaintiff in this case, which is a real action to foreclose a mortgage, is the assignee of two distinct mortgages, made to secure the payment of two distinct notes, on one and the same parcel of laud. The defendant insists that the plaintiff ought not to have one consolidated conditional judgment for the amount of both of these notes, relying on the authority of the case of Peck v. Hapgood, 10 Met. 172. But the distinction is manifest. There the two mortgages embraced distinct parcels of land, and the debts were due from different persons.
*376It appears to us, that when the debts are both due…
2Cited by1 opinion
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