Dennett v. Codman
Massachusetts Supreme Judicial Court
Bill in equity, filed October 17, 1891, to redeem land from a mortgage in Belmont. The bill alleged that by a deed of mortgage dated September 15, 1888, and duly recorded, the plaintiffs conveyed to one John P. Dennett a certain parcel of land in Belmont; that the mortgage and note were subsequently assigned to one Robert Codman, Jr., who entered into a written agreement with the plaintiffs, dated July 1, 1890, to extend the mortgage and the time of payment of the note to…
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Bill in equity, filed October 17, 1891, to redeem land from a mortgage in Belmont. The bill alleged that by a deed of mortgage dated September 15, 1888, and duly recorded, the plaintiffs conveyed to one John P. Dennett a certain parcel of land in Belmont; that the mortgage and note were subsequently assigned to one Robert Codman, Jr., who entered into a written agreement with the plaintiffs, dated July 1, 1890, to extend the mortgage and the time of payment of the note to September 15, 1891; that the mortgage and note were subsequently assigned to Edmund D. Codman, the present owner and…
1Opinion of the CourtKnowlton, J.
The report in this case presents but the single question whether the decree should require the plaintiffs to redeem within a time stated, or should allow redemption “ at any time before a valid and effectual foreclosure of said mortgage by a new execution of the power of sale therein, or otherwise.” In the bill, the plaintiffs offer to pay the amount found due, and pray that an account may be taken, and that they may be permitted to redeem. The application is in the ordinary form of a bill to redeem, and the allegations in regard to the invalid sale do not change the nature of the…
2Cases cited5 opinions
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Briggs v. BriggsMassachusetts Supreme Judicial Court · 1883
- Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
- Tetrault v. LabbeMassachusetts Supreme Judicial Court · 1892
3Cited by5 opinions
- Gerace v. GeraceMassachusetts Supreme Judicial Court · 1938
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- Dennett v. CodmanMassachusetts Supreme Judicial Court · 1897
- Flanders v. HallMassachusetts Supreme Judicial Court · 1893
- Dennett v. AtkinsMassachusetts Supreme Judicial Court · 1919