Mayhew v. Martha's Vineyard National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 17, 1906, a substitute bill being filed on January 12, 1907, and amended on March 31, 1907, and April 11 and September 15, 1908, by the owner of certain personal property, consisting of a store building, standing on lot No. 5 on Commonwealth Square on the grounds of the Martha’s Vineyard Camp Meeting Association at Cottage City, and of a cottage standing on lot No. 13 on the same avenue, to redeem the property from a…
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Bill in equity, filed in the Superior Court on October 17, 1906, a substitute bill being filed on January 12, 1907, and amended on March 31, 1907, and April 11 and September 15, 1908, by the owner of certain personal property, consisting of a store building, standing on lot No. 5 on Commonwealth Square on the grounds of the Martha’s Vineyard Camp Meeting Association at Cottage City, and of a cottage standing on lot No. 13 on the same avenue, to redeem the property from a mortgage made by the plaintiff to one Zenas D. Linton, by means of a bill of sale and an instrument of defeasance, the bill…
1Opinion of the CourtSheldon, J.
This bill, as amended, is brought to redeem certain personal property, being buildings standing upon leased land, from a mortgage given by the plaintiff to the defendant Linton. An accounting was necessary to determine the amount now due upon the indebtedness secured by the mortgage, and the bill is rightly brought under the rule stated in Bushnell v. Avery, 121 Mass. 148, Gordon v. Clapp, 111 Mass. 22, and Boston & Fairhaven Iron Works v. Montague, 108 Mass. 248. The mortgage was created by a bill of sale and a separate instrument of defeasance. Neither of these instruments is set out in the…
2Cases cited4 opinions
- Bushnell v. AveryMassachusetts Supreme Judicial Court · 1876
- Boston & Fairhaven Iron Works v. MontagueMassachusetts Supreme Judicial Court · 1871
- Gordon v. ClappMassachusetts Supreme Judicial Court · 1872
- French v. FrenchMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- Prudential Realty Co. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Rossi Bros. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1933
- Simpson v. Henry N. Clark Co.Massachusetts Supreme Judicial Court · 1944
- Clark v. StoryMassachusetts Supreme Judicial Court · 1911
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