Adams v. Parker

Massachusetts Supreme Judicial Court
Adams v. Parker, 78 Mass. 53 (Mass. 1858)

Adams v. Parker

Opinion of the Court

By the Court.

An action to foreclose a mortgage is a real action, which cannot be maintained without proving that the plaintiff has the legal title. That title in real estate could only be transferred by deed acknowledged and recorded. See Youmg v. Miller, 6 Gray, 156, and cases cited. The plaintiff shows no such transfer, and must therefore, according to the agreement of parties, be Nonsuit.

Reference

Full Case Name
John Adams v. Alonzo N. Parker
Status
Published