Inches v. Leonard
Massachusetts Supreme Judicial Court
This was an action of ejectment upon a mortgage of an undivideu moiety of certain lands in Taunton, alleged to have been made by one Nehemiah Liscome to Henderson Inches, the plaintiff’s intestate, dated September 24th, 1773, acknowledged and recorded the same day, conditioned for the payment of £ 87. 16s. 10d., lawful money, in three months from the date, with interest, according to the tenor of a promissory note of the same date from the mortgagor to the mortgagee. * On…
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This was an action of ejectment upon a mortgage of an undivideu moiety of certain lands in Taunton, alleged to have been made by one Nehemiah Liscome to Henderson Inches, the plaintiff’s intestate, dated September 24th, 1773, acknowledged and recorded the same day, conditioned for the payment of £ 87. 16s. 10d., lawful money, in three months from the date, with interest, according to the tenor of a promissory note of the same date from the mortgagor to the mortgagee. * On the trial of the action, which was had upon the [ * 380 j general issue, before the Chief Justice, at an adjourned session…
1Opinion of the CourtParker, C. J.
This is the case of an administrator of a mortga gee attempting to foreclose the redemption by a judgment, forty-two years after the making and delivery of the deed, and without any entry under it, or any attempt to recover the debt by a suit on the note to which the mortgage was a collateral security, there having been an adverse possession for thirty-six years by those under whom the defendants claimed, which possession was exclusive under deeds from the mortgagor, made in the year 1779.
This statement of the case presents powerful, if not conclusive, objections to the claim set up by the…
2Cases cited8 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Moore v. CableNew York Court of Chancery · 1815
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
- Beekman v. HamlinOregon Supreme Court · 1890
- Dean v. SwiftSupreme Court of Vermont · 1839
- Bertram v. WilburMassachusetts Supreme Judicial Court · 1923
6 more not listed; retrieve them via the Exa API.