Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 29

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ...made payable with interest. The objection made to the proof is, that it contradicts the description of the note contained in the deed. There are reports of decisions made in numerous cases, that a debt secured by mortgage will continue to be secured by it, although there may have been an entire change made in the paper or evidence of indebtment, by which the existence of the debt is shown. Davis v. Maynard, 9 Mass. 242; Wilkins v. Hill, 8 Pick. 522; Pomroy v. Rice, 16 Pick. 22; Elliot v. Sleeper, 2 N. H. 525; Bank v. Willard, 10 N. H. 210; Osborne v. Benson, 5 Mason, 157. In such cases the paper or evidence of indebtment does not correspond to that described in the mortgage, and parol evidence is necessarily received to identify it with that so described. In the case of Johns v. Church, 12 Pick. 557, the mortgage described a note for $236. The note produced was for $256. And parol evidence was held to be admissible to prove, that it was the note secured by the mortgage. In the case of Hall v. Tufts, 18 Pick. 455, the note described in the mortgage made to Ebenezer Hall, 3d, was dated on March 13, " one thousand seven hundred and ninety-eight, for the sum of $495,2l, payable on demand and on interest, had and signed by Hall Tufts." The note produced was dated on March 13, 1798, for $495,2l, payable to Ebenezer Hall, not the same person named as mortgagee, on demand with interest, and was signed by Hall Tufts. Parol evidence was held admissible to prove, that it was the note secured by the mortgage. In the case of Jackson v. Bowen, '7 Cow. 13, the mortgage was made on Nov. 8, 1817, to Rufus and Obadiah Boies and Asahel Lyman, to secure $750, according to the condition of a bond bearing even date therewith, executed by the...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236987462
  • 9781236987464