Clark v. Fontain
Massachusetts Supreme Judicial Court
Bill in equity, filed March 23, 1878, to restrain the foreclosure of a mortgage of a parcel of land, and to compel the mortgagee to release the land from the mortgage.
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Bill in equity, filed March 23, 1878, to restrain the foreclosure of a mortgage of a parcel of land, and to compel the mortgagee to release the land from the mortgage. The case was reserved for the consideration of the full court, in substance as follows: On November 7, 1870, Horace Sargent and Prentice Sargent, being the owners of a parcel of land in Boston, mortgaged the same to the defendant by a deed recorded November 18, 1870, and containing the following clause : “ The grantee, for herself, her heirs, executors, administrators, and assigns, hereby agrees with the grantors, their legal…
1Opinion of the CourtGardner, J.
The opinion in this case, when it was last before us, contained the following language : “ The plaintiff can procure a release by the payment of the specified sum..... The plaintiff appears to have a right to redeem upon the payment of the agreed sum per foot, and the bill is to stand to allow him to move to amend by making it a bill to redeem.”The words “ right to redeem,” and “ bill to redeem,” mean the same as “right to obtain a release,” and “bill to obtain a *293release.” Clark v. Fontain, 135 Mass. 464. The court expressed the opinion that the plaintiff was entitled to a release upon the…
2Cases cited1 opinion
- Clark v. FontainMassachusetts Supreme Judicial Court · 1883
3Cited by13 opinions
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Clarke v. CowanMassachusetts Supreme Judicial Court · 1910
- Bailey v. InmanSupreme Court of Florida · 1932
- Scott v. SmithOregon Supreme Court · 1911
- Wolf v. OldenburgCourt of Appeals of Maryland · 1928
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