Massachusetts Supreme Judicial Court, 1858

Adams v. Parker

Adams v. Parker
Massachusetts Supreme Judicial Court · Decided November 15, 1858
78 Mass. 53

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.