Taft v. Stetson
Massachusetts Supreme Judicial Court
Bill m equity to redeem land from a mortgage. The case was referred to a master, whose report, so far as material to the questions presented to this court, was as follows : On June 11, 1868, Bradford Stetson made a mortgage of the real estate, described in the plaintiff’s bill, to the defendant, his father. The wife did not join in the mortgage in release of her right of dower and homestead.
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Bill m equity to redeem land from a mortgage. The case was referred to a master, whose report, so far as material to the questions presented to this court, was as follows : On June 11, 1868, Bradford Stetson made a mortgage of the real estate, described in the plaintiff’s bill, to the defendant, his father. The wife did not join in the mortgage in release of her right of dower and homestead. At this time the mortgagor and his wife were in possession and claiming occupation of a house on the land, and have retained such possession and occupation ever since, she claiming a right to such…
1Opinion of the CourtAmes, J.
The steam-engine, with the boiler and its appliances, was furnished and set up upon the premises by the defendant, who at the time had no title in the estate. The agree ment between him and the owner was, that these additions to the premises should continue to belong to him, with the right to remove them whenever he saw fit. They were, therefore, personal property; Howard v. Fessenden, 14 Allen, 124; Morris v. French, 106 Mass. 326; Hartwell v. Kelly, ante, 235 ; and never became the property of the mortgagor, and of course did not pass by and were not included in the mortgage. They were…
2Cases cited1 opinion
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- Lord v. RowseMassachusetts Supreme Judicial Court · 1907
- Baldwin v. FrancisCourt of Appeals of Maryland · 1912