Covell v. Matthews

Massachusetts Supreme Judicial Court
Covell v. Matthews, 246 Mass. 497 (Mass. 1923)

Covell v. Matthews

Opinion of the Court

By the Court.

This is a writ of entry. The decisive question is whether the demandant, being the record owner, is prevented from prevailing because of a mortgage on the locus. It was decided in Cowles v. Dickinson, 140 Mass. 373, that the title of a mortgagor, although termed an equity of redemption, was a legal estate of such nature as to enable its owner to maintain a writ of entry against a disseisor. That authority is conclusive against every contention of the tenant. Crowley v. Adams, 226 Mass. 582. Compare Covell v. Matthews, 245 Mass. 135.

Exceptions overruled.

Reference

Full Case Name
Mary R. Covell v. Alice J. Matthews & another
Status
Published