Watson v. Wyman
Massachusetts Supreme Judicial Court
Bill in equity, filed January 5, 1898, against Joel R. Wyman and Irving A. Davis, alleging that on May 22, 1888, the defendant Wyman, who was seised in fee of a certain parcel of land with the buildings thereon; situated in Chelsea, conveyed the estate in mortgage to one Eben Hutchinson to secure the payment of Wyman’s note of even date for $2,000 in three years from its date, and Hutchinson until on or about October 20, 1890, remained in possession of the mortgage and note;…
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Bill in equity, filed January 5, 1898, against Joel R. Wyman and Irving A. Davis, alleging that on May 22, 1888, the defendant Wyman, who was seised in fee of a certain parcel of land with the buildings thereon; situated in Chelsea, conveyed the estate in mortgage to one Eben Hutchinson to secure the payment of Wyman’s note of even date for $2,000 in three years from its date, and Hutchinson until on or about October 20, 1890, remained in possession of the mortgage and note; that prior to September 14, 1888, Wyman, having purchased the adjoining lot of land, and desiring to secure a loan of…
1Opinion of the CourtHolmes, J.
This is a bill in equity for the cancellation of a mortgage, but containing an offer to pay any sum that may be found due upon it. The defendant Davis took an indorsement of the note and an assignment of the mortgage for value before maturity, and without notice. Before he did so the mortgagor had given the mortgagee a second mortgage for a sum including that due on the first mortgage and in satisfaction of it, but had left the first mortgage in the mortgagee’s hands. On the same day the plaintiff bought the second mortgage.
Payment of the mortgage note on the day when it falls due is…
2Cases cited5 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Dow v. WhitneyMassachusetts Supreme Judicial Court · 1888
- Whitney v. HeywoodMassachusetts Supreme Judicial Court · 1850
- Head v. ColeSupreme Court of Arkansas · 1890
- Palmer v. MarshallIllinois Supreme Court · 1871
3Cited by5 opinions
- United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1923
- Smith v. JarmanUtah Supreme Court · 1922
- Commonwealth v. Globe Investment Co.Massachusetts Supreme Judicial Court · 1897
- Robins Farms, Inc. v. CorreaSupreme Court of Puerto Rico · 1962
- Partridge v. American Trust Co.Massachusetts Supreme Judicial Court · 1912