Green v. Kemp
Massachusetts Supreme Judicial Court
This was a writ of entry for three parcels of land in Dunstable, on the seizin of the demandant, who alleges a disseizin by the tenant.
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This was a writ of entry for three parcels of land in Dunstable, on the seizin of the demandant, who alleges a disseizin by the tenant. On the trial, which was had upon the general issue, at the sittings here after the last October term, before Jackson, J., it appeared, that one Isaac Woods, being seized of the premises in question, on the 18th of April, 1805, mortgaged the same, by his deed of that date, to the demandant, to secure the payment of his promissory note of that date *to the demandant for the sum of $ 1000. This deed was acknowledged on the day of its date, and recorded on the…
1Opinion of the CourtWilde, J.
This is a writ of entry, the demandant counting gen erally on his own seizin, and a disseizin by the tenant. The title set up by the tenant is derived fr'om one Isaac Woods, who, in April, 1808, conveyed the demanded premises in mortgage to the demand-ant ; and, in April, 1810, sold the equity of redemption to the tenant. This latter declines redeeming the land, and rests his defence on the supposed invalidity of the demandant’s title, and on an objection to the form of the action.
The objection made to the demandant’s title is, that the mortgage deed was made on an usurious contract, the…
2Cases cited1 opinion
- Pomeroy v. WinshipMassachusetts Supreme Judicial Court · 1815
3Cited by73 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Gee v. MooreCalifornia Supreme Court · 1859
- Beecher v. Marquette & Pacific Rolling Mill Co.Michigan Supreme Court · 1881
- Shufelt v. ShufeltNew York Court of Chancery · 1841
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