Graves v. Graves
Cases that cite this one
6 later published cases cite this decision.
- Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira) (United States Bankruptcy Court, D. Massachusetts 2014)
- HSBC Bank USA, N.A. v. Lassman (District Court, D. Massachusetts 2016)
- Bank of America, N.A. v. Casey (In re Pereira) (1st Cir. 2015)
- Lassman v. HSBC Bank USA., N.A. (In re DeMore) (United States Bankruptcy Court, D. Massachusetts 2015)
- Bank of America, N.A. v. Casey (District Court, D. Massachusetts 2014)
- Weiss v. Wells Fargo Bank, N.A. (In re Kelley) (United States Bankruptcy Appellate Panel of The First Circuit 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is very clear that the warranty deed from Franklin Graves to Allis, and the simultaneous bond to reconvey upon payment of a sum of money, constituted a mortgage to Allis, and left an equity of redemption in Franklin Graves.
The court are of opinion that the effect of the assignment of the instrument of defeasance by Franklin Graves to Erastus L. Graves, with all his right, title and interest in the land therein described, constituted a conveyance of the equity of redemption.
But the instrument of defeasance, not being acknowledged, was improvidently admitted to registration, and the record does
We think however that, under the circumstances, it is proper that the case should go to a new trial, to enable the defendant to prove, if he can, actual notice to the plaintiff of the prior assignment of the equity, -when he made his attachment.
New trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.