Warren v. Cogswell
Massachusetts Supreme Judicial Court
Writ of entry to recover two hundred acres of land in Andover. Plea, as to four lots included in the tract sued for, nul disseisin ; and a disclaimer as to the residue.
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Writ of entry to recover two hundred acres of land in Andover. Plea, as to four lots included in the tract sued for, nul disseisin ; and a disclaimer as to the residue. Trial before Metcalf, J., who reported to the full court the following case : The demandant claimed title under two mortgages to secure the payment of $20,000, made by John Marland to James L. Little and others in December 1847, and since foreclosed, of “ a certain parcel of land, situated in said Andover, being the homestead of me the said John Marland, in that part of said Andover called Ballard Vale, containing two hundred…
1Opinion of the Court
By the Court.
1. The four lots not in the grantor’s accu potion were not embraced in the term “ homestead,” and did not pass by the mortgages to Little and others. Brown v. Saltonstall, 3 Met. 413.
2. The evidence offered and excluded was inadmissible to affect the construction of the deed. Judgment for the tenants.
2Cases cited1 opinion
- Tharp v. CommonwealthCourt of Appeals of Kentucky · 1861