Richardson v. Field
Supreme Judicial Court of Maine
Tins was a writ of entry, in which the demandant counted on his own seisin ; and it was tried before the Chief Justice, upon the general issue, with a reservation of liberty to give special matter in evidence.
Read the full summary
Tins was a writ of entry, in which the demandant counted on his own seisin ; and it was tried before the Chief Justice, upon the general issue, with a reservation of liberty to give special matter in evidence. Tbe writ was sued out Feb. 5, 1827. The demandant showed a mortgage deed of the premises, dated March 22, 1821, made bjr the tenant to one Bracket, to secure the payment of 2998 dollars and interest, viz. $107 26 in one year, and the residue in two years; and deduced title to himself under a sheriff’s sale of the right in equity of redemption, Sept. 3, 1826. He also showed an assignment…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the court.
By the report of the Judge it appears that the tenant offered to prove that the notes, mentioned in the mortgage deed from him to Bracket, were given without consideration, and also that they were given upon a usurious consideration. The evidence thus offered was excluded by the Judge who presided at the trial; and the question reserved for the consideration of the whole court is, whether it was properly excluded; if so, judgment is to be rendered on the verdict; otherwise a new trial is to be granted. The first objection, relating to the…
2Cases cited4 opinions
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Boardman v. RoeMassachusetts Supreme Judicial Court · 1816
- Stewart v. EdenNew York Supreme Court · 1804
3Cited by1 opinion
- Davisson v. SmithWest Virginia Supreme Court · 1906