Peoples' Savings Bank v. Hill
Supreme Judicial Court of Maine
Repost, on facts agreed. This was an action of covenant broken. August 29, 1878, one William F. Hilton mortgaged land in Lewiston and Greene to tbe defendant. April 7, 1879, tbe defendant released tbe parcel in Greene to Hilton, by a quitclaim deed, wbicli was that day duly recorded. September 6, 1881, tbe defendant entered tbe premises in Lewiston, for tbe purpose of foreclosure.
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Repost, on facts agreed. This was an action of covenant broken. August 29, 1878, one William F. Hilton mortgaged land in Lewiston and Greene to tbe defendant. April 7, 1879, tbe defendant released tbe parcel in Greene to Hilton, by a quitclaim deed, wbicli was that day duly recorded. September 6, 1881, tbe defendant entered tbe premises in Lewiston, for tbe purpose of foreclosure. On September 5, 1882, tbe defendant transferred tbe note without recourse to tbe plaintiff bank, and assigned tbe mortgage to it. In tbe assignment, be covenanted with the bank that “tbe within mortgage is free of…
1Opinion of the CourtPetees, C. J.
The facts in this case are such as would rarely happen. It appears, that the defendant held a mortgage of several parcels of land given by William F. Hilton to secure his note to the defendant, and that, a foreclosure of the mortgage being about to become absolute, Hilton arranged with the plaintiffs to furnish money with which to pay the mortgage and save a forfeiture ; that the defendant was notified by Hilton to meet him at the office of the attorney for the plaintiffs to receive the money due on the mortgage; that after getting there the arrangement was suggested by the attorney, which…
2Cited by2 opinions
- State v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1921
- Golden v. Board of Directors of Public SchoolsSupreme Court of Louisiana · 1882