Tyler v. Boyce
Massachusetts Supreme Judicial Court
Writ oe ENTRY to foreclose a mortgage of land in Lanes-borough, made by the tenants, who were husband and wife, to Jedediah W. Newton. Plea, nul disseisin, with the specification of defence that the mortgage had been paid and extinguished. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows: No question was made as to the validity of the mortgage.
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Writ oe ENTRY to foreclose a mortgage of land in Lanes-borough, made by the tenants, who were husband and wife, to Jedediah W. Newton. Plea, nul disseisin, with the specification of defence that the mortgage had been paid and extinguished. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows: No question was made as to the validity of the mortgage. The demandant filed a motion for conditional judgment; and it appeared in evidence that one Oliver Jewett owned the demanded premises at the time of his death, in 1873. He…
1Opinion of the CourtHolmes, J.
It would seem from the fact that the mortgage notes were the proceeds of land devised to Rachel Jewett and sold by Newton, the payee, that Newton must always have held them subject to a trust in Rachel’s favor, and therefore subject from the beginning to a set-off of Rachel’s debt to the maker, according to the Massachusetts statutes and decisions. Pub. Sts. c. 168, § 11. Sargent v. Southgate, 5 Pick. 312. Ranger v. Cary, 1 Met. 369. And, however this may be, we are content to assume, for the purposes of this case, that, as the notes were overdue when assigned by Newton to the demandant, the…
2Cases cited2 opinions
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
- Colt v. ConeMassachusetts Supreme Judicial Court · 1871
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- Symonds v. RileyMassachusetts Supreme Judicial Court · 1905
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