Pike v. Collins
Supreme Judicial Court of Maine
The material facts, upon which the plaintiff’s claim rests, are in substance as follows : — James Pike, owning a farm, in 1831 conveyed it to his son, Dominicus Pike, and, in part consideration therefor, received from Dominicus a bond to himself and his wife, this plaintiff, in the penal sum of $1000, conditioned to maintain them and each of them during their lives ; also a mortgage of the land to himself, conditioned that the mortgager should pay to said James $1000, or…
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The material facts, upon which the plaintiff’s claim rests, are in substance as follows : — James Pike, owning a farm, in 1831 conveyed it to his son, Dominicus Pike, and, in part consideration therefor, received from Dominicus a bond to himself and his wife, this plaintiff, in the penal sum of $1000, conditioned to maintain them and each of them during their lives ; also a mortgage of the land to himself, conditioned that the mortgager should pay to said James $1000, or otherwise fulfil and keep the covenants in said bond. This mortgage was recorded March 8, 1847. Before it was recorded, two…
1Opinion of the CourtWells, J.
— The plaintiff alleges in her bill, that in 1831, her husband, James Pike, conveyed his. farm to his son Dominicus. and in part consideration for the conveyance, took from Dominicus a bond to himself and the plaintiff for their support ana maintenance, during their lives and the life of each of them, and also a mortgage to himself of the farm, to secure the performance of the conditions of the bond. After the death of the husband, his administrator de bonis non recovered judgment against the grantee of Dominicus for the farm, the conditions of the mortgage not having been per*43formed. The…
2Cases cited2 opinions
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Ricketson v. RichardsonCalifornia Supreme Court · 1861
- Kingsley v. AndersonSupreme Court of Minnesota · 1908