Eugley v. Sproul
Supreme Judicial Court of Maine
Writ of entry to foreclose a mortgage given for support of plaintiff and his wife. Under proper instructions, in answer to a question framed by the presiding Justice, the jury found that the defendant had broken the condition of his mortgage. The plaintiff thereupon filed a motion for conditional judgment.
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Writ of entry to foreclose a mortgage given for support of plaintiff and his wife. Under proper instructions, in answer to a question framed by the presiding Justice, the jury found that the defendant had broken the condition of his mortgage. The plaintiff thereupon filed a motion for conditional judgment. In addition to the clause in the mortgage deed, the defendant gave a personal bond in the sum of five hundred dollars for the fulfillment of the conditions of the support and maintenance, and the defendant contended that his liability should be fixed by the penal sum of the bond so given.…
1Opinion of the CourtBird, J.
This action is a writ of entry brought for the foreclosure of a mortgage. The condition of the mortgage is “Provided, nevertheless that if the said Fred W. Sproul, his heirs, executors or administrators shall well and truly perform all the conditions of a certain maintenance bond given by the said Sproul to the said Eugley, said bond bearing even date with these presents, then this deed shall be void, otherwise shall remain in full force.” The condition of the bond, which is without sureties, is “that if the said Fred W. Sproul, his executors and administrators shall at all times during the…
2Cases cited7 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Henry v. TupperSupreme Court of Vermont · 1857
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Palmer v. BrayMichigan Supreme Court · 1904
- Austin v. AustinSupreme Court of Vermont · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Cooper v. Casco Mercantile Trust Co.Supreme Judicial Court of Maine · 1936
- Pepperell Trust Co. v. MehlmanSupreme Judicial Court of Maine · 1959
- Liberty v. PoolerSupreme Judicial Court of Maine · 1936