Weeth v. New England Mortgage Company is a United States Supreme Court case that was decided in 1882. The case involved a dispute between a mortgagor and a mortgagee. The mortgagor, Weeth, had borrowed money from the mortgagee, New England Mortgage Company, and had given the company a mortgage on his property as security for the loan. Weeth had defaulted on the loan and the mortgagee had begun foreclosure proceedings. Weeth then filed a lawsuit against the mortgagee, claiming that the mortgage was invalid because it had not been properly recorded. The Supreme Court held that the mortgage was valid and enforceable. The Court reasoned that the mortgagee had acted in good faith and had taken reasonable steps to protect its interests. The Court also held that the mortgagor had not taken any steps to protect his own interests, such as recording the mortgage, and thus was not entitled to relief. The Court concluded that the mortgage was valid and enforceable and that the mortgagee was entitled to foreclose on the property.

In Weeth v. New England Mortgage Company, the Supreme Court was asked to decide whether a mortgagee who had taken possession of mortgaged property could be held liable for damages caused by their negligence in failing to maintain it. The majority opinion found that they were not liable, as the mortgagee only had an equitable interest in the property and did not have legal title or control over it. Justice Field dissented from this decision, arguing that since the mortgagee was in actual possession of the mortgaged premises and responsible for its maintenance, they should be held accountable if any damage occurred due to their negligence while managing it. He argued that allowing them immunity would encourage carelessness on behalf of those entrusted with such responsibility and would ultimately lead to injustice against innocent parties whose rights are violated through no fault of their own.