Perley v. Chase
Supreme Judicial Court of Maine
On exceptions from superior court. The opinion states the case and material facts. The instructions of the presiding judge as to the right of a mortgagor in possession, undisturbed, to the crops when harvested, were correct.
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On exceptions from superior court. The opinion states the case and material facts. The instructions of the presiding judge as to the right of a mortgagor in possession, undisturbed, to the crops when harvested, were correct. Vide, Teal v. Walker, 111 U. S. 242, and cases therein cited; Noyes v. Rich, 52 Maine, 115; Wilder v. Houghton, 1 Pick. 87; Boston Bank v. Reed, 8 Pick. 459 ; Taylor’s Landlord and Tenant, § 64; 1 Jones on Mortgages, § § 667, 670, 672; Tucker v. Keeler, 4 Vt. 161. cited: 2 B. & A. 604; 2 Sharswood’s Bl. 149, n. 14; GiTlman v. Wills, 66 Maine, 275; Reed v. Elwell, 46…
1Opinion of the CourtVirgin, J.
Assumpsit for the stipulated price of a certain quantity of hay which the plaintiff sold and delivered to the defendants in the spring of 1886.
The hay was cut and harvested by the plaintiff in the haying season of 1885, on land once held by him as mortgagor, and which he continued to occupy until after the sale and delivery of the hay, although his right to redeem the premises on which it grew had been forever foreclosed in March, previous to the cutting. After the delivery to the defendants, they were forbidden by the holder of the foreclosed mortgage to pay any person other than himself, he…
2Cases cited4 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Allen v. CarpenterMichigan Supreme Court · 1866
- Livingston v. TannerNew York Supreme Court · 1852
- Morse v. MerrittMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Wootton v. WhiteCourt of Appeals of Maryland · 1899
- McFarland v. StewartSupreme Judicial Court of Maine · 1946
- Goff v. FilesSupreme Judicial Court of Maine · 1934