Grover v. Flye
Massachusetts Supreme Judicial Court
Writ of entry. The demandants claimed title under the levy of an execution by selling the equity of redemption of the premises.
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Writ of entry. The demandants claimed title under the levy of an execution by selling the equity of redemption of the premises. At the trial in the superior court, before Lord, J., it appeared that at the time the levy was made the premises appeared on record to be subject to a mortgage to the Blackstone Loan and Fund Association, to secure certain sums of money a portion of which was not then due; that full payment of said sums had been made and a discharge of the mortgage and release of the premises by the said association executed before the levy, but the discharge and release were not…
1Opinion of the CourtBigelow, C. J.
It is admitted that the sums due on the mortgage to the Loan Fund Association were paid before the sale of the right in equity to redeem was made by the officer; and that these payments were made at or before the times when the several instalments became due according to the stipulation set forth in the condition of the mortgage and the bond which accompanied it and formed part of the transaction. By such payment, on familiar principles, the condition was saved and the mortgagor, the tenant, was in of his old estate. No conveyance or discharge of the mortgage was necessary to revest the…
2Cases cited1 opinion
- Forster v. MellenMassachusetts Supreme Judicial Court · 1813