Blodgett v. Hildreth
Massachusetts Supreme Judicial Court
Petition for partition of a tract of land in Townsend describing one half of the premises as owned by the respon dent, or other persons unknown.
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Petition for partition of a tract of land in Townsend describing one half of the premises as owned by the respon dent, or other persons unknown. At the trial in the superior court, before Morton, J., it appeared that John W. Swallow, the former owner of the premises, died in 1840, intestate, leaving as his heirs at law Alice M. Swallow, Sophronia Swallow, Sarah S. Blodgett and Lucinda Hildreth; that thereafter Alice, Sarah and Lucinda conveyed their interest in the premises to Sophronia; that Alice then died, unmarried and childless; that Sarah then died, leaving children ; that Sophronia…
1Opinion of the CourtDewey, J.
The respondent held the title of Jephtha Cummings as mortgagee of John W. Swallow, and as such mortgagee, if the title be found to be a valid one, he may effectually defeat this petition for partition, while such mortgage is outstanding. Fuller v. Bradley, 23 Pick. 9. This title is held by the respondent under an assignment, and not as a discharged mortgage, giving rights of contribution as against co-tenants.
Various objections are taken to this title. 1. It is said that *188it was not recorded at the time of the decease of Sophronia Swallow, who held the same in part as heir at law, and in part…
2Cited by2 opinions
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Jackson v. . BairdSupreme Court of North Carolina · 1908