Gerrish v. Mason

Massachusetts Supreme Judicial Court

Gerrish v. Mason

70 Mass. 432

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

This text of 70 Mass. 432 (Gerrish v. Mason) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerrish v. Mason, 70 Mass. 432 (Mass. 1855).

Pincite

Opinion

Dewey, J.

There is no ground for maintaining this action. The title of the plaintiff is derived under a mortgage deed of certain land conveyed in the usual form to a married woman, and, by her sole deed, conveyed in mortgage, her husband not joining in the mortgage. The St. of 1845, c. 208, does not apply to the case.

If it were otherwise, the plaintiff, as mortgagee, could not maintain this action founded upon Rev. Sts. c. 104, to recover possession of the mortgaged premises. Hastings v. Pratt, 8 Cush. 121.

Judgment for the defendant.

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Dewey, J.

There is no ground for maintaining this action. The title of the plaintiff is derived under a mortgage deed of certain land conveyed in the usual form to a married woman, and, by her sole deed, conveyed in mortgage, her husband not joining in the mortgage. The St. of 1845, c. 208, does not apply to the case.

If it were otherwise, the plaintiff, as mortgagee, could not maintain this action founded upon Rev. Sts. c. 104, to recover possession of the mortgaged premises. Hastings v. Pratt, 8 Cush. 121.

Judgment for the defendant.

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Bluebook (online)

70 Mass. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerrish-v-mason-mass-1855.