Clark v. Fontain
Massachusetts Supreme Judicial Court
Bill in equity, filed March 23, 1878, to restrain the foreclosure of a mortgage of a parcel of land, and to compel the mortgagee to release the land from the mortgage.
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Bill in equity, filed March 23, 1878, to restrain the foreclosure of a mortgage of a parcel of land, and to compel the mortgagee to release the land from the mortgage. Hearing before Colt, J., who reported the following case for the consideration of the full court: On November 7, 1870, Horace Sargent and Prentice Sargent, being the owners of a parcel of land in Boston, mortgaged the same to the defendant, by a deed recorded November 18, 1870, and containing the following clause: “ The grantee, for herself, her heirs, executors, administrators and assigns, hereby agrees with the grantors,…
1Opinion of the CourtW. Allen, J.
When a mortgagor conveys a part of the mortgaged premises as free from the mortgage, his grantee acquires an equity against him to have the part of the premises not conveyed first applied to the payment of the mortgage debt, and neither the mortgagor nor a subsequent purchaser from him can, upon paying the debt, call upon such prior purchaser for contribution ; and a mortgagee, who has notice of such conveyance, cannot defeat the equity of the purchaser by releasing from the mortgage other parts of the premises, but must account, in enforcing his lien upon the lands so conveyed, for the value…
2Cases cited1 opinion
- Beard v. FitzgeraldMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Sacramento Suburan Fruit Lands Co. v. WhaleyCalifornia Court of Appeal · 1920
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- Clarke v. CowanMassachusetts Supreme Judicial Court · 1910
- Clark v. FontainMassachusetts Supreme Judicial Court · 1887
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