Public-domain · open source
OpenJurist

145 Mass. 218

Eaton v. Tuson

Massachusetts Supreme Judicial Court

Decided October 21, 1887

Massachusetts Supreme Judicial Court · decided 1887-10-21

Tort, for the conversion of a lot of furniture. Answer, a general denial. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: On December 13,1880, one William T. Carroll mortgaged to the defendant the furniture in question, specifically describing it, to secure the payment of a promissory note for $47 and interest, in three days from date. This mortgage was never recorded.

Relies on Howard v. Chase · Tuite v. Stevens · Pecker v. Silsby

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-21

How this case has been cited

Cited by 6 later decisions — most recently March 1961

6 state decisions

20188718901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Field, J.

¶1The question in this case is whether the plaintiff’s title was subject to the unrecorded mortgage of the defendant. The first two mortgages given to the plaintiff, we think, clearly purport to convey to the plaintiff the property, subject to the mortgage to the defendant; or, in other words, only to convey the mortgagor’s right of redeeming the property from the mortgage to the defendant. The third mortgage to the plaintiff is of ‘‘ all the personal property mortgaged to grantee by mortgage dated October 13, 1883, and recorded with Worcester city mortgages of personal property, to which reference is had for a description.” The mortgage dated October 13, 1883, is made expressly subject to the incumbrances mentioned in the prior mortgage of October 12, 1883, and the mortgage to the defendant is an incumbrance expressly mentioned in this mortgage of October 12,1883. The mortgage of October 17,1883, therefore, only conveyed to the plaintiff the mortgagor’s right of redemption from the mortgage to the defendant. The case is governed by Tuite v. Stevens, 98 Mass. 305, Howard v. Chase, 104 Mass. 249, and Pecker v. Silsby, 123 Mass. 108.

¶2Exceptions overruled.

/145/mass/218 · .json · Public domain