Thompson v. Kenyon
Massachusetts Supreme Judicial Court
Bill in equity to redeem real estate from a mortgage given by the plaintiff to David Heywood. Answer, that the right of redemption was foreclosed.
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Bill in equity to redeem real estate from a mortgage given by the plaintiff to David Heywood. Answer, that the right of redemption was foreclosed. Issue was joined on the answer, and a hearing had before Colt, J., who reserved the case for the determination of the full court on a report of which the following is the material part: “ It appeared that the mortgage was given by the plaintiff June 25,1850, and assigned by Heywood to Jonathan Fawcett May 24,1851. To prove a foreclosure the defendant relied upon a certificate indorsed apon the back of the mortgage deed as follows: “61, Jonathan…
1Opinion of the CourtFoster, J.
Under the statutes providing for the foreclosure of a mortgage by open and peaceable entry on the mortgaged premises and possession thereof continued peaceably for three years, an entry is peaceable if not opposed by the mortgagor or person claiming the premises, and sufficiently open if made in the presence of two competent witnesses whose certificate thereof is sworn to and duly recorded within thirty days in the ' registry of deeds for the county where the land lies. Gen. Sts. c. 140, §§ 1, 2. The certificate is not in terms required to state that the entry was open ; and it is enough that…
2Cited by8 opinions
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- Butterfield v. BonHawaii Supreme Court · 1900
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- Singh v. 207-211 Main Street, LLCMassachusetts Appeals Court · 2010
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