Hussey v. Fisher
Supreme Judicial Court of Maine
On Report. Real action. Plea, general issue, with tbe following brief statement of further defense under tbe Law and Equity Act, Stat. 1893, c. 217 : And for a brief statement of special matter of defense to be used under the general issue pleaded, tbe said defendant further says: 1st. That tbe title, if any, of tbe plaintiff to the premises in question arises out of a seizure and a sale on execution of the same as the property of one Stephen D. Blaisdell upon a judgment…
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On Report. Real action. Plea, general issue, with tbe following brief statement of further defense under tbe Law and Equity Act, Stat. 1893, c. 217 : And for a brief statement of special matter of defense to be used under the general issue pleaded, tbe said defendant further says: 1st. That tbe title, if any, of tbe plaintiff to the premises in question arises out of a seizure and a sale on execution of the same as the property of one Stephen D. Blaisdell upon a judgment recovered by said plaintiff against said Blaisdell at the October term of the Supreme Judicial Court for 1898. 2nd. That on…
1Opinion of the CourtEmery, J.
The material facts are these: The real estate in question consists of a tenement house and lot in Kennebec county occupied by various tenants. It formerly belonged to Joanna Woods who in 1884 mortgaged it by deed, in the usual mortgage form with the one year foreclosure clause, to one Mr. Blaisdell to secure the payment of certain promissory notes described in the mortgage. This mortgage was duly recorded in the proper registry of deeds. In 1888, the notes not then having been paid, the mortgagee, Blaisdell, gave notice by publication of his purpose to foreclose the mortgage by reason of…
2Cited by4 opinions
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