Hannan v. Hannan
Massachusetts Supreme Judicial Court
Writ of entry, dated October 6, 1862, against the heirs of James Hannan, to foreclose a mortgage of land in Brimfield. Plea, nul disseisin, with a specification of defence that the mortgage was given without consideration, and was never intended or considered by the parties to it as a valid transaction. At the trial in the Superior Court, before Brigham, C. J., it appeared that James Hannan, on October 6, 1862, executed and delivered the mortgage to the demandant.
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Writ of entry, dated October 6, 1862, against the heirs of James Hannan, to foreclose a mortgage of land in Brimfield. Plea, nul disseisin, with a specification of defence that the mortgage was given without consideration, and was never intended or considered by the parties to it as a valid transaction. At the trial in the Superior Court, before Brigham, C. J., it appeared that James Hannan, on October 6, 1862, executed and delivered the mortgage to the demandant. The consideration stated in the mortgage was |1200, and the condition was as follows : “ Provided nevertheless, that if the said…
1Opinion of the CourtAmes, J.
The question raised by the bill of exceptions has been fully disposed of by the decision of this court in the case of Wearse v. Peirce, 24 Pick. 141. It was there held that in an action between the original parties, brought for the foreclosure of a mortgage given as security for a promissory note, the fact that the note was given without consideration was a good bar to the action, by showing nothing due. The question in such a case, whether anything is due upon the note, must be conducted m nearly the same way, and depend mainly upon the same evidence, as if the note were in suit. In such an…
2Cases cited1 opinion
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- Saunders v. DunnMassachusetts Supreme Judicial Court · 1900
- Bergren v. DavisDistrict Court, D. Connecticut · 1968
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
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