Whitcomb v. Harris
Supreme Judicial Court of Maine
Agreed Statement. This was an action of assumpsit brought in the Western Hancock Municipal Court to recover money claimed to have been paid by the plaintiffs to redeem from a certain mortgage, held by the defendant, in excess of the amount actually due upon said mortgage. The case was certified by the presiding justice to the law court for decision upon the following agreed statement.
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Agreed Statement. This was an action of assumpsit brought in the Western Hancock Municipal Court to recover money claimed to have been paid by the plaintiffs to redeem from a certain mortgage, held by the defendant, in excess of the amount actually due upon said mortgage. The case was certified by the presiding justice to the law court for decision upon the following agreed statement. The defendant in this action was the owner and holder of a certain mortgage upon real estate in Bar Harbor, Eden, Maine, given by Lucy A. Barron and George A. Barron to Janies Eddy, to secure a negotiable…
1Opinion of the CourtWiswell, J.
The defendant was the owner of a mortgage upon certain real estate to secure a note for $3000, dated August 3rd, 1886, payable in four years from date, with interest at six per cent per annum, payable annually. Interest upon this note had been paid in full to August 3rd, 1890, the time of its maturity, but had been unpaid since that time. The defendant had commenced a foreclosure of the mortgage for breach of its condition, and the right to redeem would have expired upon January 7th, 1893. Shortly before that time the plaintiffs, owners of a subsequent mortgage upon the same premises,…
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