Hale v. Rider
This text of 59 Allen 231 (Hale v. Rider) 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.
Opinion
The mortgage is wholly distinct from, and collateral to, the note, affording the creditor a separate and distinct remedy. If the mortgagee, after payment of the debt, refuses or neglects to discharge the mortgage, the mortgagor has a remedy by action. Rev. Sts. c. 59, § 34. But further, the defence presupposes, that the law will compel a creditor to release his collateral security as a condition precedent to obtaining judgment; when obtaining judgment is only one step, and that often a very remote one, towards obtaining satisfaction. To state such a proposition is sufficient to refute it.
Judgment of the court of common pleas for the plaintiff affirmed.
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59 Allen 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-rider-mass-1849.