Simonton v. Gray
Supreme Judicial Court of Maine
Bill in Equity to redeem real estate mortgaged. The plaintiff is the widow of John Simonton, who died in 1851, and who, in 1844, mortgaged the land, by a deed in which the plaintiff relinquished her right of dower. In 1847, the land was sold for taxes to one Lord, who afterwards conveyed his title to the mortgagee. Through several conveyances, the defendant became the assignee under the mortgagee and also the assignee under the mortgager.
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Bill in Equity to redeem real estate mortgaged. The plaintiff is the widow of John Simonton, who died in 1851, and who, in 1844, mortgaged the land, by a deed in which the plaintiff relinquished her right of dower. In 1847, the land was sold for taxes to one Lord, who afterwards conveyed his title to the mortgagee. Through several conveyances, the defendant became the assignee under the mortgagee and also the assignee under the mortgager. In July, 1849, the original mortgagee took measures to foreclose by publishing in a newspaper and recording the same as the statute prescribes. The…
1Opinion of the CourtHoward, J.
An equity of redemption is an estate in the land, which may be devised, or taken on execution, and which *51may descend to heirs. It is subject to dower. Rev. Stat. ch. 95, <§, 15.
If the purchaser of an equity of redemption taire an assignment of the mortgage, both estates may stand, though united in the same person. When substantial justice may be promoted, the mortgage will be upheld, or not, according to his intention or his interest. For mergers are not favored in courts of law or in courts of equity. Campbell v. Knights, 24 Maine, 332; Holden v. Pike, 24 Maine, 427 ; Gibson v. Crehore, 3…
2Cases cited2 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- House v. HouseNew York Court of Chancery · 1843
3Cited by5 opinions
- Bassett v. O'BrienSupreme Court of Missouri · 1899
- Wonderly v. GiesslerMissouri Court of Appeals · 1906
- Rand v. Fort Scott, Wichita & Western Railway Co.Supreme Court of Kansas · 1892
- Stantons v. ThompsonSupreme Court of New Hampshire · 1870
- Jaquess v. Board of CommissionersOhio Superior Court, Cincinnati · 1856