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