Whiting v. Wellington
U.S. Circuit Court for the District of Massachusetts
Real action to recover certain lands in Reading, Massachusetts, tried upon agreed facts. The tenant, Wellington, being seized in fee of the demanded premises mortgaged them in 1874 to the Reading Sayings Bank to secure his note for $1,800,-on demand, with interest. The debt has not been paid, and therefore the condition of the mortgage has been broken.
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Real action to recover certain lands in Reading, Massachusetts, tried upon agreed facts. The tenant, Wellington, being seized in fee of the demanded premises mortgaged them in 1874 to the Reading Sayings Bank to secure his note for $1,800,-on demand, with interest. The debt has not been paid, and therefore the condition of the mortgage has been broken. In January, 1879, Nathan P. Pratt, the treasurer of the said savings bank, executed an assignment of the mortgage in the name of the bank, and in due form, and indorsed the note to one Kimball, who paid him the full amount of the note, with…
1Opinion of the CourtLowell, C. J.
This action is brought to try the right of possession to the described parcel of land in Reading. Under the statutes of Massachusetts (Gen. St. c. 140, § 3 et seq.) a mortgagee may have this action against the mortgagor, after condition broken, for possession of the premises, and either party may require that a conditional judgment shall be entered ascertaining the amount of the debt and awarding possession to the demandant unless the tenant shall pay the amount so ascertained within two months. There is no order to pay the money, and if it is not paid there can be no execution to recover it,…
2Cases cited14 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Smith v. KernochenSupreme Court of the United States · 1849
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3Cited by3 opinions
- C. L. McClain Fuel Corp. v. LineingerSupreme Court of Pennsylvania · 1941
- McMan Oil & Gas Co. v. HurleyCourt of Appeals for the Fifth Circuit · 1928
- Prentiss Tool & Supply Co. v. GodchauxCourt of Appeals for the Fifth Circuit · 1895