Lennon v. Porter
Lennon v. Porter
Opinion of the Court
There seems to us to be no great difficulty in this case. It is a bill in equity to redeem a mortgage, and is
The plaintiff alleges that he had no actual notice of Bradlee’s prior mortgage ; also, that he had no actual notice of Bradlee’s entry to foreclose. But he cannot deny that Bradlee’s prior mortgages were recorded before the deed to Neilan, under which he claims. Such record of the mortgages was constructive notice to subsequent purchasers, of which they are bound to take notice at their peril. Were it otherwise, our system of registration of titles and incumbrances would be utterly worthless.
So Bradlee’s entry for condition broken was made conform-ably to the statute, and immediately recorded. Rev. Sts. c. 107, § 2. The object of this provision is to give notice to all persons concerned; all are presumed to know the law, and therefore to know that, after such entry, and the lapse of three years therefrom, if no steps are taken to redeem, the mortgagee’s estate becomes absolute, and all who claim under the original mortgagor, by titles commencing at a time subsequent to such mortgage, are barred. Horn & Sinclair could give Neilan no better right than they had, which was to redeem within three years of an entry for condition broken. Neilan took of them, and the plaintiff took of Neilan, subject to such prior mortgages.
The only question then, which could arise, is, whether the mortgages of Bradlee extended to the whole, and whether his
Several facts are set forth in the agreed statement, tending to ■show that the plaintiff and his predecessor Neilan had possession of that part of the premises now sought to be redeemed, and did various acts of ownership thereon, during the three years after Bradlee’s entry, by blasting, quarrying and carrying away stone, and the like, without the knowledge of Bradlee. But it is well established that a mortgagor, especially after entry, cannot disseize his mortgagee, or defeat his right of possession. All such acts are held to be done in subordination to the title of his mortgagee. Hunt v. Hunt, 14 Pick. 374.
Since the provision in the Rev. Sts. c. 107, § 2, for recording the evidence of the entry of the mortgagee, this must be considered constructive notice, by which all persons may ascertain the relation which the prior mortgagee holds to the property; and ' the mortgagor, and all claiming under him, are conclusively prevented from holding adversely to his paramount right. Bennett v. Conant, 10 Cush. 163.
Bill dismissed.
Reference
- Full Case Name
- Martin Lennon v. John K. Porter
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- 1 case
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