Fletcher v. Stone
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, m which the demandant declared on his own seisin within twenty years and, a disseisin by the tenant. A trial was had upon the general issue.
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This was a writ of entry sur disseisin, m which the demandant declared on his own seisin within twenty years and, a disseisin by the tenant. A trial was had upon the general issue. The demandant proved, that on the 25th of February 1823, one Abbot attached the right in equity of Phineas Wright to redeem the land from his mortgage to M. Ditson ; that Abbot recovered judgment on the 16th of March 1824 ; that the equity was taken on his execution on the 12th of April, and sold and a deed of it given to the demandant on the 17th of May, and that on the 22nd the demandant actually entered. The…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The tenant’s title, if not defective, must prevail, his being the elder title, and both parties claiming by different sales from the same person.
The tenant holds under a sheriff’s sale, at wnich the right of redeeming the demanded premises from the incumbrance of a mortgage, and the right of redeeming another tract from another mortgage, were struck off and sold at a gross sum, and without distinguishing the price of each.
This sale the demandant’s counsel contend was irregular and void.
The language of the statute regulating the sales of equities on…
2Cases cited3 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Kelly v. BeersMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
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