¶1decreed that the words of discharge of the mortgage were written upon the margin of the record book in the registry of deeds by accident and mistake, and did not prove an actual payment of the mortgage debt, or cancel or discharge the mortgage, but were inoperative and void, and left it in the same force and effect as before; and that the defendant and all persons claiming by, through or under her should be prohibited and enjoined from setting up, using or relying upon said words of discharge, either as proof of payment of the debt, or a discharge of the mortgage; with liberty to either party to apply to the court hereafter.
78 Mass. 107
Bruce v. Bonney
Massachusetts Supreme Judicial Court
Decided November 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-11-15
Bill in equity, filed on the 12th of October 1857, alleging that in 1827 David Brace made a mortgage of real estate in Marblehead to… Held: that in a hearing in equity, on a bill seeking relief in equity against such a record alleged to have been made by accident or mis take, the evidence is admissible. “ Instead of stating the testimony of Crocker as given, I propose to state the facts as they appear to me to have been proved by that testimony and the other evidence,…
Decided 1858-11-15