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11 Mass. 50

Ritchie v. Williams

Massachusetts Supreme Judicial Court

Decided March 15, 1814

Massachusetts Supreme Judicial Court · decided 1814-03-15

This was a real action, in which the said Ritchie, as he is administrator cum, testamento annexa of Duncan Ingraham, deceased, demands possession of sundry pieces of land described in his writ; and his title to the same .was submitted to the opinion of the Court upon the following facts, stated and agreed by the parties: —

Cited by 1 later decisions — most recently December 1909

1 state decisions

Relies on Jackson ex dem. Bowers v. Crafts · Jackson ex dem. Randall v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1814-03-15

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Per Curiam.

¶1Without deciding whether the mortgagee being made executor of the mortgagor is an extinguishment of the dept (a) in the present case, James Williams having conveyed the property as discharged of all encumbrances, it must be considered as discharged of the mortgage before made by him to his testator. The demandant has, then, shown a good title, and is entitled to a recovery.

¶2Judgment for the demandant

¶3 The debt is considered as having been paid to the executor, and becomes assets in his hands. Freakly vs. Fox, 9 B. & Cr. 130. — Went. Ex. 14th ed. 74. — Wankford vs. Wankford, 1 Salk. 299.— Cheltham vs. Ward, 1 B. & P. 630. — Bigelow vs. Bigelow, 4 Hammond, R. 138. — Stevens vs. Gaylord, post, 256.— Winship vs. Bass, 12 Mass. Rep. 199. — Has & Al. vs. Jackson & Al. 6 Mass. Rep. 149. — Talman vs. Wood, 1 Cox, N. J. R. 153.—3 Powell, Mortg. 1044. — The debt being paid, the mortgage was thereby discharged. — Gray vs. Jenks & Al. 3 Mason’s Rep. 520. — Vose vs. Handy, 2 Greenl. 322.—Rosevelt vs. Stackhouse, 1 Cowen, 122. — Hatch vs. White, 2 Gall. 155. — Jackson vs. Crafts, 18 Johns. 114. — Jackson vs. Randall, 18 Johns. 7. — Paxton vs. Paul, 3 Har. & M’Hen. 399. — Morgan vs. Davis, 2 Har. & M’Hen. 7. — Dean vs Spinning, 1 Hals 471.—2 Hals. 407.

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