Penniman v. Hollis
Massachusetts Supreme Judicial Court
This was a writ of entry, brought to foreclose a mortgage made by the said Hollis to the said Penniman. The tenant, after oyer of the deed of mortgage, pleads in bar, that the lands demanded are the same which the demandant formerly conveyed to him, by deed of bargain and sale, dated the 20th of May, 1812, subject to an estate for life before granted by the de mandant and one Daniel Penniman to their father, Ebenezer Penni man; that the said Ebenezer is yet in full life ;…
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This was a writ of entry, brought to foreclose a mortgage made by the said Hollis to the said Penniman. The tenant, after oyer of the deed of mortgage, pleads in bar, that the lands demanded are the same which the demandant formerly conveyed to him, by deed of bargain and sale, dated the 20th of May, 1812, subject to an estate for life before granted by the de mandant and one Daniel Penniman to their father, Ebenezer Penni man; that the said Ebenezer is yet in full life ; that he, the said Hollis, by virtue of said deed, became seized of a reversionary estate in the demanded premises after…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court
All objections to the pleadings in this case in point of form being waived in the argument, although they are obviously irregular and defective, we are brought to the general question presented by the plea in bar ; —whether this action can be maintained, the demandant being seized, under his mortgage deed, of a reversionary interest only, after the life of Ebenezer Penniman, who holds a life estate by lease from the demandant and his brother, grantors of the tenant, made before the conveyance to him.
The objection in point of form is, that…
2Cited by10 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Walcutt v. SpencerMassachusetts Supreme Judicial Court · 1817
- Palmer v. FowleyMassachusetts Supreme Judicial Court · 1856
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