Short v. Caldwell
Massachusetts Supreme Judicial Court
Petition, filed May 3,1890, under the St. of 1882, c. 237,* to free the record title to real estate from the incumbrance of an undischarged mortgage. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows. On April 23,1850, one Ames conveyed by an absolute deed, the consideration expressed being $2,000, to one Caldwell, his son in law, a tract of land in Easton.
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Petition, filed May 3,1890, under the St. of 1882, c. 237,* to free the record title to real estate from the incumbrance of an undischarged mortgage. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows. On April 23,1850, one Ames conveyed by an absolute deed, the consideration expressed being $2,000, to one Caldwell, his son in law, a tract of land in Easton. This deed was duly acknowledged by Ames on the same day, and was duly recorded on May 7 following. Also on the same day, and as part of the same transaction, Caldwell executed a…
1Opinion of the CourtAllen, J.
The respondents contend that there is no jurisdiction to entertain this petition, because they are non-residents. If that were so, the non-residence of any one of the heirs of the mortgagee would defeat the operation of the statute. The respondents contend that the same rule is applicable to the statute under which this petition is brought (St. 1882, c. 237) as to the Pub. Sts. c. 176, authorizing the court to compel a sup*59posed claimant of land to bring an action to try his title; under which the court has declined to take jurisdiction against nonresidents, unless personal service has been…
2Cases cited5 opinions
- Felch v. HooperMassachusetts Supreme Judicial Court · 1875
- Tilden v. GreenwoodMassachusetts Supreme Judicial Court · 1889
- Bryan v. Traders' InsuranceMassachusetts Supreme Judicial Court · 1888
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- Thompson v. CowellMassachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Gulda v. Second National BankMassachusetts Supreme Judicial Court · 1948
- Clem v. Given'sSupreme Court of Virginia · 1906
- Fitzgerald v. HeadyMassachusetts Supreme Judicial Court · 1916
- Churchill v. BigelowMassachusetts Supreme Judicial Court · 1955
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