Appleton v. Boyd
Massachusetts Supreme Judicial Court
This was a writ of entry, brought to obtain possession of certain lands, mortgaged by the tenant to Royal Makepeace and Robert Rose, in joint tenancy at common law, since the statute of 1785, c. 62, (by the fourth section of which it is enacted, that all gifts, &c., of any lands, &c., made to two or more persons, shall be taken to be estates in common, and not in joint tenancy, unless it shall be therein said that the grantees, &c., shall hold the lands, &c., jointly, or as…
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This was a writ of entry, brought to obtain possession of certain lands, mortgaged by the tenant to Royal Makepeace and Robert Rose, in joint tenancy at common law, since the statute of 1785, c. 62, (by the fourth section of which it is enacted, that all gifts, &c., of any lands, &c., made to two or more persons, shall be taken to be estates in common, and not in joint tenancy, unless it shall be therein said that the grantees, &c., shall hold the lands, &c., jointly, or as joint tenants, or in joint tenancy, or to them and the survivors of them, or unless other words be therein used, clearly…
1Opinion of the Court
The action being continued nisi, the opinion of the Court was delivered at the following November term in Suffolk, by
Parsons, C. J.
Since the argument, we have looked into the case, and are of opinion that judgment be rendered *for the demandant on the verdict. Three objections [ * 134 ] were made to the judge’s directions.
1. That he did not compel Makepeace, the assignor of the mortgage, to be a witness for the mortgagor. But Makepeace very clearly had an interest in supporting the mortgage; for if the demandant should fail in recovering, yet by reconveying the mortgaged estate of Makepeace,…
2Cases cited1 opinion
- Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
3Cited by26 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Hoag v. HoagMassachusetts Supreme Judicial Court · 1912
- Lannay v. WilsonCourt of Appeals of Maryland · 1869
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Boland v. McKowenMassachusetts Supreme Judicial Court · 1905
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