Lunt v. Cook

Decided November 29, 1899

Massachusetts Supreme Judicial Court · decided 1899-11-29

<p>Levy on Equity of Redemption from Mortgage — Subsequent Purchase by Mortgagor at Foreclosure Sale — Acquisition of Title.</p> <p>If the equity of redemption in mortgaged premises is levied upon, and afterwards the mortgagor purchases the premises at a sale under a power in the mortgage, the deed to him operates as a conveyance of the title and not as a discharge or release of the mortgage, and a deed of the officer who subsequently sells the equity of redemption previously levied upon is of no effect.</p>

Cited by 1 later decisions — most recently May 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-29

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Morton, J.

¶1The effect of the levy was to divest the tenant of the equity of redemption. Capen v. Doty, 13 Allen, 262. Pub. Sts. c. 172, § 45. St. 1896, c. 464, § 1. All that remained to the tenant was the right to redeem from the levy. Pub. Sts. c. 172, § 32. This was taken away by the foreclosure proceedings, and the deed under the power of sale contained in the *4mortgage operated as a conveyance of the title to the tenant, and not as a discharge or release of the mortgage. The doctrine of merger does not apply. The rulings which were requested and refused were rightly refused.

¶2 Judgment for the tenant.