Smith v. Hitchcock
Massachusetts Supreme Judicial Court
Bill in equity, filed July 31, 1879, by the members of a firm doing business under the name of the Union Cheese Company, against Charles F. Hitchcock, Moses Smith and Jeremiah Mara.
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Bill in equity, filed July 31, 1879, by the members of a firm doing business under the name of the Union Cheese Company, against Charles F. Hitchcock, Moses Smith and Jeremiah Mara. The case was heard by Ames, J., on the pleadings and the report of a master, and reserved for the consideration of the full court, and was as follows: On April 3, 1875, Moses Smith, the owner of a farm containing about one hundred acre's, conveyed it to Mara, and on the same day Mara mortgaged it to said Smith as security for $2750, payable on demand, with interest. On May 30, 1878, pending negotiations between…
1Opinion of the CourtSoule, J.
The plaintiffs made their original bargain with Moses Smith, and took their deed from him with full knowledge that his only title to the premises in controversy was as mortgagee, and that the deed did not give them a valid and indefeasible title. They relied on his covenants and their expectation that he would get a perfect title through negotiations then pending with his mortgagor, the owner of the equity. In the *573most favorable view for the plaintiffs which we can take of this transaction, they took only an equitable assignment of the mortgage which Smith held, to the amount which they paid…
2Cited by3 opinions
- Jordan v. SayreSupreme Court of Florida · 1892
- Smithson Land Co. v. BrautigamWashington Supreme Court · 1896
- MorrisMassachusetts Land Court · 1901