Fiske v. Fiske
Massachusetts Supreme Judicial Court
This was an action upon a mortgage dated November 14, 1820, given by Clarke Fiske, deceased, to the demandant, who was his mother. The tenants were administrators of the t jlute of the deceased. It was admitted, that the condition of the mortgage had been broken ; and the question was, for what sum the conditional judgment should be entered.
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This was an action upon a mortgage dated November 14, 1820, given by Clarke Fiske, deceased, to the demandant, who was his mother. The tenants were administrators of the t jlute of the deceased. It was admitted, that the condition of the mortgage had been broken ; and the question was, for what sum the conditional judgment should be entered. From the report of an auditor appointed by consent of the parties, it appeared, that on August 1, 1820, Benjamin Fiske, who was the husband of the demandant and the father of Clarke Fiske, made his last will, providing among other things, that the…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This is an action of ejectment on a mortgage made by the defendants’ intestate to the plaintiff. It is conceded that the condition has been broken ; and the question is, for what sum the conditional judgment shall be entered. The facts are presented upon a report of an auditor, to whom by consent the subject has been referred.
The condition of this mortgage was, to “provide a horse foi said Margery to ride to meeting and elsewhere when neces $ary, find her fire-wood for one fire, to be drawn and cut a/ *503,the door fit for use, give her a good cow and…
2Cited by1 opinion
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