119 Mass. 73
Massachusetts Supreme Judicial Court
Decided October 27, 1875
Massachusetts Supreme Judicial Court · decided 1875-10-27
Toet for breaking and entering the plaintiff’s close. The answer of the defendant admitted the plaintiff’s title to the close, but alleged that the same was subject to the right of the defendant to enter the close, and to pass to and from the well thereon for the purpose of obtaining water, and that in the proper exercise of that right he entered the close, and not otherwise.
Cited by 2 later decisions — most recently April 1939
2 state decisions
Relies on Hall v. Bliss · Torrey v. Cook · Brown v. Smith
Good law ✅— No negative treatment on recordhow we know
Decided 1875-10-27
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¶1The deed to the plaintiff was an execution of the power in the mortgage, and passed all the mortgagee’s title under the mortgage, as well as the mortgagor’s equity of redemption. Brown v. Smith, 116 Mass. 108. Torrey v. Cook 116 Mass. 163, Hall v. Bliss, 118 Mass. 554. But it did not convey the *77independent right which had been reserved to the mortgagee aa grantor in the original deed to the mortgagor.
¶2Exceptions overruled.