Massachusetts Reports (Volume 103-104 (1869-1870)); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1899. Not illustrated. Excerpt: ... Aiken v. Morse. land on Essex Street in Boston from a mortgage made in 1857 to Morse by the intestate and of which he died possessed of the equity of redemption. The case was reserved by Ames, J., for the determination of the full court, on the bill, answers and agreed facts, and is stated in the opinion. C. A. Welch W. P. Walley, for the plaintiff. R. M. Morse, Jr., Sf R. Stone, Jr., for the defendants. Wells, J. This is a bill in equity to redeem certain lands of the plaintiff's intestate from mortgage. It was brought before the expiration of three years after the entry of the mortgagee to foreclose. The administratrix is authorized to bring such a suit, as well as the heirs or devisees of the deceased mortgagor. Gen. Sts. c. 140, 32. When the suit is brought by an administrator, the redemption secured thereby will enure exclubively to the benefit of the widow and heirs, or their assigns, unless the land is required to be sold for the payment of debts with which it is chargeable, as assets of the estate. If there are no such debts, or if there are other sufficient assets, the right of the administrator to redeem must rest upon the interests of the widow and heirs; and will be defeated or discharged by whatever will defeat or discharge those interests. In this case, the widow has released all her interest in the land to the mortgagee. The heirs have also conveyed their title, and the same is now held in trust for the mortgagee, by the other defendant, Blood. The right of redemption is therefore gone, so far as it can be released by the widow and heirs. The administratrix cannot maintain a bill in equity to redeem land for the benefit of the legal title which Blood hold.s in trust for the mortgagee himself. In order therefore to maintain this suit, the ad...