Nickerson v. Meacham
United States Circuit Court
In Equity. On exceptions to master’s report. Tlie principal matter in controversy in this case is as to the validity of a conveyance of certain lands from respondent Mary Meacham to respondent H. H. Blodgett, of date February 7, 1880. The title to the land was, prior to February 8, 1877, in respondents Stephen A. Meacham and Nancy, his wife, who on that day executed a mortgage thereon to A. Otis Evans, to secure the payment of $2,700, with interest and attorney’s foes.
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In Equity. On exceptions to master’s report. Tlie principal matter in controversy in this case is as to the validity of a conveyance of certain lands from respondent Mary Meacham to respondent H. H. Blodgett, of date February 7, 1880. The title to the land was, prior to February 8, 1877, in respondents Stephen A. Meacham and Nancy, his wife, who on that day executed a mortgage thereon to A. Otis Evans, to secure the payment of $2,700, with interest and attorney’s foes. The purpose of this suit is to foreclose said mortgage; and in order to make the foreclosure effectual, complainant prays the…
1Opinion of the CourtMcCrary, C. J.
If the conveyance from Mary Meacham to H. H. Blodgett was without consideration, it should be declared void and set aside, and the mortgage for $2,700 should be enforced against the land, since it was undoubtedly canceled in ignorance of the fact that the mortgagor had parted with the legal title and was no longer able to make a valid conveyance. It is true, as respondents’ counsel have said, that it was the duty of the holder of the mortgage to examine the record for conveyances by the mortgagor before taking a quitclaim deed from him and canceling the mortgage; and it follows that, as…
2Cases cited2 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Clifton v. SheldonSupreme Court of the United States · 1860
3Cited by5 opinions
- Lewis v. LindleyMontana Supreme Court · 1897
- Cooper v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Johnson v. Georgia Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1905
- Cities Service Oil Co. v. DunlapCourt of Appeals for the Fifth Circuit · 1939
- United States v. HillDistrict Court, D. Colorado · 1914