Blanchard v. Colburn
Massachusetts Supreme Judicial Court
This was a writ of right, in which the demandant counts upon the seisin of Hezelciah Blanchard, her great uncle, within forty years before the date of the writ. Issue being joined upon the mere right, the same was tried at the last November term, before the chief justice.
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This was a writ of right, in which the demandant counts upon the seisin of Hezelciah Blanchard, her great uncle, within forty years before the date of the writ. Issue being joined upon the mere right, the same was tried at the last November term, before the chief justice. The demandant proved that her said ancestor was seised of one part of the land demanded in the year 1736, by virtue of a deed from one John Allen, and by entry and occupation of fhe same until the year 1781 under his deed; and of the other part of the land demanded, by force of a deed from one Thomas Knights, dated February…
1Opinion of the CourtParker, C. J.
We are of opinion that no title was acquired by Joh Prince, in virtue of his extent on that part of the land which was mortgaged to Knights, unless entry had been made by Knights under the mortgage before the extent. For land thus mortgaged is not the real estate of the mortgagee, * within the meaning of our stat- [ * 847 ] ute, which provides for the extending of executions (1). *
It is true, to some intents the mortgagee is seised of the estate mortgaged in fee simple, subject only to its being defeated by a performance of the condition according to deed, or afterwards according to the…
2Cited by19 opinions
- Modisett v. JohnsonIndiana Supreme Court · 1831
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Cowley v. McLaughlinMassachusetts Supreme Judicial Court · 1886
- Huntington v. SmithSupreme Court of Connecticut · 1822
- Prout v. RootMassachusetts Supreme Judicial Court · 1875
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