Pettee v. Peppard
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Boston. Plea, nul disseisin. Trial in the Superior Court, before Pitman, J., without a jury, who found for the demandant, and allowed a bill of exceptions, the substance of which appears in the opinion.
1Opinion of the CourtColt, J.
The demandant claimed the demanded premises by levy on execution against one Appleton. The land was attached on the writ against him on June 28, 1871, and the demandant’s title related back to that date.
The premises were originally subject to a mortgage, and had been conveyed by Blanchard to Appleton by deed containing a recital that the land was subject to this mortgage of the grantor which the grantee, in part consideration for the deed, was to assume and pay “ as his own debt,” and save the grantor harmless and indemnified therefrom.
*523On June 27, 1871, Appleton was appointed executor of the…
2Cases cited3 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
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- Hazelton v. ValentineMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Higman v. StewartMichigan Supreme Court · 1878
- Rogers v. Union Stone Co.Massachusetts Supreme Judicial Court · 1881
- Argus v. KokkorouMassachusetts Supreme Judicial Court · 1941
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