[Download] "Wareham Sav. Bank v. Partridge Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

July 03, 2021

eBook details

Title: Wareham Sav. Bank v. Partridge Et Al.
Author : Supreme Judicial Court of Massachusetts
Release Date : January 14, 1944
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

LUMMUS, Justice. This is an appeal by a mortgagee of registered land from a final decree dismissing its bill for reformation of its mortgage and of a certificate of title to the mortgaged land, so that certain land would be covered by the mortgage that was omitted from it because of fraud or mistake. The record on appeal contains 'findings, rulings and order for decree' filed by the Judge before the entry of the final decree, and a report of the evidence under Rule 6 of the Land Court (1935), reported on the theory that that rule adopts among other rules Rule 76 of the Superior Court (1932). We assume in favor of the appellant, without deciding, that the equity practice prevailing in the Superior Court governs and is not restricted by G.L.(Ter.Ed.) c. 185 § 15. See G.L.(Ter.Ed.) c. 185, § 1(k), as amended by St. 1934, c. 67; Lynn Institution for Savings v. Taff, 314 Mass. 380, 50 N.E.2d 203. Fannie E. Partridge, a widow, from whom the defendants derive title, owned a tract of land in Barnstable. The plaintiff's case is as follows. By reason of fraud of Mrs. Partridge, or a mutual mistake on her part and that of the plaintiff, or a mistake on the part of the plaintiff known to her (Mates v. Penn Mut. Life Ins. Co., 316 Mass. 303, 55 N.E.2d 770) -- for the purposes of this case it being immaterial which -- a mortgage taken by the plaintiff upon part of the tract owned by Mrs. Partridge failed to include the house and the remainder of the tract all of which was to be given and received as security. In 1935 she filed a petition in the Land Court to register title to the tract subject to the mortgage of the plaintiff as written. The plaintiff though notified failed to oppose the petition, and after the death of Mrs. Partridge the title was registered upon her petition in the names of her two sons, the present defendants, who were her heirs and devisees, subject to the mortgage of the plaintiff as written. Later the plaintiff discovered that it had not the security contracted for, and brought this bill.