Hayward v. Cain
Massachusetts Supreme Judicial Court
Bill in equity, filed January 21, 1871, to redeem from a mortgage a parcel of land in Milford. The case was referred to a special master, who made a report substantially as follows : Samuel Walker, by deed dated September 17, 1866, and purporting to be “ in consideration of twenty-four hundred dollars, paid by Barnard Cain, and Jane Cain, wife of said Barnard,” the receipt whereof was acknowledged, did “ give, grant, bargain, sell and convey unto the said Barnard Cain, his…
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Bill in equity, filed January 21, 1871, to redeem from a mortgage a parcel of land in Milford. The case was referred to a special master, who made a report substantially as follows : Samuel Walker, by deed dated September 17, 1866, and purporting to be “ in consideration of twenty-four hundred dollars, paid by Barnard Cain, and Jane Cain, wife of said Barnard,” the receipt whereof was acknowledged, did “ give, grant, bargain, sell and convey unto the said Barnard Cain, his heirs and assigns,” the land in question. By a deed of even date and executed the same day Barnard Cain mortgaged the…
1Opinion of the CourtWells, J.
The objection made to the proof of the plaintiff’s title, that the recitals in the sheriff’s deed do not show from what court the execution, upon which the sale was made, issued, and therefore do not show a competent legal authority to make the sale, cannot prevail. The execution and return thereon supplied the deficiency. Welsh v. Joy, 13 Pick. 477.
The provision in Gen. Sts. c. 103, § 48, applies to cases where the record title is in a third person through the fraud of the debtor against his creditors. It does not apply to this case.
*277Upon the facts reported by the special master, the…
2Cases cited3 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1815
3Cited by21 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
- Hoag v. HoagMassachusetts Supreme Judicial Court · 1912
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