Forster v. Mellen
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandant counts on his own seisin within thirty years, and on a disseisin by the tenant.
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This was a writ of entry sur disseisin, in which the demandant counts on his own seisin within thirty years, and on a disseisin by the tenant. The action was submitted to the determination of the Court upon the following facts, stated and agreed by the parties: — On the 15th of December, 1806, one Oliver Hildreth, being seised in fee of the demanded premises, mortgaged the same to Mellen, the tenant, to secure the payment of 500 dollars and interest within one year; and on the 29th day of April, 1807, further mortgaged the same premises to the tenant, to secure the payment of 300 dollars by…
1Opinion of the CourtSewall, J.
This mode of extent, provided by statute, applies only to the case of an equity of redemption ; that is, the title or interest of the mortgagor in lands which have been conveyed and are holden by a subsisting mortgage. The sale is to be made with reference to the prior encumbrances ; and if it produces more than the sum to be levied, with the expenses, the surplus is to be paid to the judgment debtor. And he retains a right of redeeming against the purchaser for three years, by paying the sum satisfied on the execution, with the interest, and also such sums as the purchaser may have paid to…
2Cases cited3 opinions
- Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
- White v. BondMassachusetts Supreme Judicial Court · 1820
- Warren v. ChildsMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Stewart v. CrosbySupreme Judicial Court of Maine · 1863
- Pillsbury v. SmythSupreme Judicial Court of Maine · 1845
- Capen v. DotyMassachusetts Supreme Judicial Court · 1866
- Freeman v. M'GawMassachusetts Supreme Judicial Court · 1833
- Grover v. FlyeMassachusetts Supreme Judicial Court · 1863
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