Andrews v. Fiske
Massachusetts Supreme Judicial Court
Bill of interpleader against Grace Fiske, Abby Fiske, Peter Cutter, Samuel Easter and Elijah Brown, praying that the defendants mignt interplead and that the court would decree to which of them the plaintiff should pay a sum of $1784 in his hands.
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Bill of interpleader against Grace Fiske, Abby Fiske, Peter Cutter, Samuel Easter and Elijah Brown, praying that the defendants mignt interplead and that the court would decree to which of them the plaintiff should pay a sum of $1784 in his hands. The case was submitted on an agreed statement of facts, substantially as follows : On June 13, 1862, Brown, being the owner of certain real estate in Waltham, mortgaged the same to Lewis Colby, to secure the payment of a promissory note for $3000, the mortgage deed containing a power of sale in the usual form ; a few days afterwards made a second…
1Opinion of the CourtWells, J.
Upon this agreed statement, no question is raised as to the title of any of the parties except that of Cutter. The surplus proceeds of the sale under the first mortgage must be disposed of according to the title of the respective parties in the land itself. The holders of the second mortgage having aban doned all claim, the third mortgagee is next entitled to have his debt satisfied, before anything can be claimed either by the mortgagor or by the purchaser of the equity. The consent of Easter that the whole surplus shall be paid to Cutter, if Cutter’s title should be held to be valid as…
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- Moss v. RobertsonNebraska Supreme Court · 1898
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