Greenough v. Turner
Massachusetts Supreme Judicial Court
Writ of entry to foreclose a mortgage, which, as given in evidence at the trial in the court of common pleas, was in the common form of a deed of warranty, beginning, “ Know all men by these presents, that I, Robert R. Turner, of Charles-town,” and in his name alone throughout until the last clause, which was in these words: “ In witness whereof I, the said Robert R. Turner, and my wife, Pamelia W. Turner, have hereunto set our hands and seals the fifth day of November in…
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Writ of entry to foreclose a mortgage, which, as given in evidence at the trial in the court of common pleas, was in the common form of a deed of warranty, beginning, “ Know all men by these presents, that I, Robert R. Turner, of Charles-town,” and in his name alone throughout until the last clause, which was in these words: “ In witness whereof I, the said Robert R. Turner, and my wife, Pamelia W. Turner, have hereunto set our hands and seals the fifth day of November in the year of our Lord eighteen hundred and fifty one. “ Robert R. Turner, [Seal.] “ P. W. Turner, [Seal.] ” Before this…
1Opinion of the CourtMetcalf, J.
This is a writ of entry to foreclose a mortgage, made by the defendant, of his homestead estate, which was exempted, by St. 1851, c. 340, from sale or levy on execution. And the question is, whether his wife joined in the deed of mortgage, within the meaning of the sixth section of that statute, which declares that “ no conveyance by the husband of any property, exempted as aforesaid, shall be valid in law, unless the wife join in the deed of conveyance.” ■
The court are of opinion that the defendant’s wife did not “join in the deed of conveyance,” within the meaning of the statute above…
2Cases cited2 opinions
- Lufkin v. CurtisMassachusetts Supreme Judicial Court · 1816
- Hall v. SavageU.S. Circuit Court for the District of Massachusetts · 1826
3Cited by1 opinion
- In Re HeretakisUnited States Bankruptcy Court, D. Massachusetts · 2003