Dexter v. Arnold
U.S. Circuit Court for the District of Rhode Island
Bill in equity, to redeem the one third of certain real estate, called the “Paget Farm,” which the plaintiffs [Henry H. Dexter and others] sought to redeem, claiming title under the mortgagor, Jonathan Arnold. The material facts were as follows: In May, 1793, Jonathan Arnold and Aza Arnold were each seized and entitled to one third of the Paget farm, in his own right and fee simple, the other third being owned by the children of their deceased brother, Welcome Arnold.
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Bill in equity, to redeem the one third of certain real estate, called the “Paget Farm,” which the plaintiffs [Henry H. Dexter and others] sought to redeem, claiming title under the mortgagor, Jonathan Arnold. The material facts were as follows: In May, 1793, Jonathan Arnold and Aza Arnold were each seized and entitled to one third of the Paget farm, in his own right and fee simple, the other third being owned by the children of their deceased brother, Welcome Arnold. On the 6th of the same month, Jonathan Arnold mortgaged his one third, together with his one half of the stock and farming…
1Opinion of the Court
STORY, Circuit justice.
There is no dispute about the deraignment of title of either party; and the whole question is, whether, under the circumstances, after such a lapse of time, the plaintiffs are entitled to redeem.
The act of Rhode Island, for quieting pos.session Dig. 1798, p. 465, and of 1822, pp. 363, 364), gives to a quiet seisin and possession -of lands in fee simple, for twenty years, the ¡ full effect of a good and rightful title in fee, ; •subject only to the common exceptions in favor of persons under age, femes covert, non ¡ -compotes mentis, or imprisoned, or beyond i •seas. The…
2Cases cited2 opinions
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3Cited by6 opinions
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- Dubois v. CampauMichigan Supreme Court · 1873
- Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
- Munro v. BartonSupreme Judicial Court of Maine · 1903
- Tripe v. MarcySupreme Court of New Hampshire · 1859
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