Norton v. Webb
Supreme Judicial Court of Maine
On Report from Nisi Prius, Rice, J. presiding. Entry. The demandant conveyed a farm, lot No. 45, to the tenant, who at the same time re-conveyed it in mortgage.
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On Report from Nisi Prius, Rice, J. presiding. Entry. The demandant conveyed a farm, lot No. 45, to the tenant, who at the same time re-conveyed it in mortgage. The condition' of the mortgage was, “ that if the said Webb, his heirs, executors or administrators, shall support me and Betsey Norton, my wife, in our house on said farm, if we choose, by furnishing us with food and clothing, medicine and medical aid, in suiBcient quantity and quality, according to our circumstances, and as our necessities may require, and that, during our natural life, both in sickness and health, as we may need…
1Opinion of the CourtShepley, C. J.
— By the provisions of statute c. 125, § 2, a mortgagee may recover possession, before any breach of the condition, ££ when there is no agreement to the contrary.” Such an agreement, affecting the title to real estate, must be made in writing. It may be so made without the use of any particular form of words; and it may be inferred from the language used in a written contract between the parties, which cannot be executed, according to its terms, without a construction permitting the mortgager to remain in possession.
By the condition of the mortgage, the mortgager was to support the mortgagee…
2Cited by1 opinion
- Cerini v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1912