McDougald v. Capron

Massachusetts Supreme Judicial Court

McDougald v. Capron

73 Mass. 278

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1856

StatusPublished

This text of 73 Mass. 278 (McDougald v. Capron) 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

McDougald v. Capron, 73 Mass. 278 (Mass. 1856).

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Opinion

By the Court.

The power of the court to entertain jurisdiction of bills in equity to redeem mortgaged estates is derived from the Rev Sts. c. 107, §§ 13, 18 8f seq., and is confined to bills brought by “ the mortgagor, or any person lawfully claiming or holding under him.” This does not include suits brought by those having only an equitable title to the right of redemption, or claiming it merely under contracts of purchase, but is intended to comprehend only those which are brought by the mortgagor, or by a person to whom his legal title has been transferred by deed, or by operation of law. Bill dismissed.

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By the Court.

The power of the court to entertain jurisdiction of bills in equity to redeem mortgaged estates is derived from the Rev Sts. c. 107, §§ 13, 18 8f seq., and is confined to bills brought by “ the mortgagor, or any person lawfully claiming or holding under him.” This does not include suits brought by those having only an equitable title to the right of redemption, or claiming it merely under contracts of purchase, but is intended to comprehend only those which are brought by the mortgagor, or by a person to whom his legal title has been transferred by deed, or by operation of law. Bill dismissed.

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Bluebook (online)

73 Mass. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougald-v-capron-mass-1856.