Harris v. Carmody
Massachusetts Supreme Judicial Court
Action on the St. of 1879, o. 237,* against Lott Carmody and Mary H. Carmody, to recover possession of a parcel of land in West Newbury. Writ dated July 7, 1879. Answer, a general denial.
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Action on the St. of 1879, o. 237,* against Lott Carmody and Mary H. Carmody, to recover possession of a parcel of land in West Newbury. Writ dated July 7, 1879. Answer, a general denial. At the trial in the Superior Court, before Gardner, J., the plaintiff put in evidence a mortgage containing a power of sale, and offered evidence tending to show that the defendant Lott executed the mortgage, and that there had been a breach of the conditions of the mortgage, and a sale under th¿ power to the plaintiff. The defendants offered evidence tending to show that the mortgage was executed by the…
1Opinion of the CourtMorton, J.
At the trial, the evidence tended to show that the plaintiff sued the male defendant upon several promissory notes purporting to have been indorsed by him; that the defendant set up in that suit that the notes were not indorsed by him, but his pretended signatures were forged by his son; and that a settlement of that suit was made, under which the defendant gave his note for one thousand dollars, secured by a mortgage of real estate.
In the case at bar, the defendant seeks to avoid this mortgage upon the ground that he was induced to execute it by duress. The evidence tended to show that he…
2Cases cited1 opinion
- McClintick v. CumminsU.S. Circuit Court for the District of Indiana · 1843
3Cited by35 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Colby v. Title Insurance & Trust Co.California Supreme Court · 1911
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Kwentsky v. SirovySupreme Court of Iowa · 1909
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