Legal Opinion

Fiske v. Tolman

Massachusetts Supreme Judicial Court

Decided March 25, 1878PublishedCited by 45 opinions

Contract for breach of an agreement to pay a mortgage existing upon an estate conveyed by the plaintiff to the defendant. Trial in this court, without a jury, before Soule, J., who allowed a bill of exceptions in substance as follows : The plaintiff, by his deed dated July 31, 1872, conveyed to the defendant a parcel of land.in Boston.

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Contract for breach of an agreement to pay a mortgage existing upon an estate conveyed by the plaintiff to the defendant. Trial in this court, without a jury, before Soule, J., who allowed a bill of exceptions in substance as follows : The plaintiff, by his deed dated July 31, 1872, conveyed to the defendant a parcel of land.in Boston. The deed stated the consideration to be $11,000, and contained the following clause : “ Subject, however, to a mortgage held by the Lowell Five Cents Savings Bank, of $7000, which is part of the above-named consideration.” The land originally belonged to George…

1Opinion of the CourtEhdicott, J.

It is settled in this Commonwealth, that, where land is conveyed in terms subject to a mortgage, the grantee does not undertake, or-become bound by the mere acceptance of the deed, to pay the mortgage debt. In the absence of other ■ evidence, the deed shows that he merely purchased the equity of redemption. Strong v. Converse, 8 Allen, 557. Drury v. Tremont Improvement Co. 13 Allen, 168. He is indeed interested in its payment, because it is an incumbrance on the land of vhich he is the owner; but he has entered into no obligation, express or implied, to pay it, and if he parts with his title…

2Cases cited2 opinions

  1. Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
  2. Belmont v. . ComanNew York Court of Appeals · 1860

3Cited by45 opinions

  1. Locke v. HomerMassachusetts Supreme Judicial Court · 1881
  2. Elliott v. SackettSupreme Court of the United States · 1883
  3. Shepherd v. MaySupreme Court of the United States · 1885
  4. Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
  5. Stephens v. ClaySupreme Court of Colorado · 1892

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