Frisbee v. Frisbee
Supreme Judicial Court of Maine
On REPORT. The case appears in the opinion. The effect of redemption from a mortgage is simply to extinguish the mortgage. Thomas Frisbee did not receive an assignment of the foreclosed mortgage, only a release from the mortgage, in accordance with the decree of the court granting redemption. This was all he was entitled to.
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On REPORT. The case appears in the opinion. The effect of redemption from a mortgage is simply to extinguish the mortgage. Thomas Frisbee did not receive an assignment of the foreclosed mortgage, only a release from the mortgage, in accordance with the decree of the court granting redemption. This was all he was entitled to. Lamb v. Montague, 112 Mass. 352: Lanison v. Drake, 105 Mass. 564; Union Inst. <&c., v. Hill, 139 Mass. 47. The statute of limitations does not reach this case. The lapse of twenty years furnishes a presumption of foreclosure, but it is only a presumption, and it is open…
1Opinion of the CourtFoster, J.
This is a bill in equity for redemption. The following statement is essential to an understanding of the case.
Joseph Frisbee, father of the complainants, on December 17, 1856, executed a mortgage to Joseph Seaward, to secure the payment of $786.50. April 2, 1857, he made another mortgage to secure the payment of $350 to John E. Lowry.
May 28, 1857, Joseph Seaward assigned his mortgage to Stillman B. Allen, and on the same day the mortgagor, Joseph Frisbee, by quitclaim deed released to Allen his right of redemption, and authorized him to take possession whenever he wished so to do.
June 24,…
2Cases cited5 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- Hubbard v. Ascutney Mill Dam Co.Supreme Court of Vermont · 1848
3Cited by9 opinions
- McCreery v. RoffMichigan Supreme Court · 1915
- Gerasimos v. Continental BankMichigan Supreme Court · 1927
- First Vermont Bank & Trust Co. v. KalomirisSupreme Court of Vermont · 1980
- Lieblien v. HansenMichigan Supreme Court · 1913
- Atwood v. ArnoldSupreme Court of Rhode Island · 1902
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