Kelley v. Jenness
Supreme Judicial Court of Maine
Bill in equity. Cyrus L. Clark, Sept. 10, 1852, conveyed in mortgage to Samuel H. Blake, township No. 7, 11th range west from the east line of the State, to secure anote for $7665,97. Nov. 2, 1852, Clark conveyed the same premises by deed to Horace Jenness. Dec. 2, 1852, Jenness conveyed the same township in mortgage to Webster Kelley, the plaintiff’s intestate.
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Bill in equity. Cyrus L. Clark, Sept. 10, 1852, conveyed in mortgage to Samuel H. Blake, township No. 7, 11th range west from the east line of the State, to secure anote for $7665,97. Nov. 2, 1852, Clark conveyed the same premises by deed to Horace Jenness. Dec. 2, 1852, Jenness conveyed the same township in mortgage to Webster Kelley, the plaintiff’s intestate. Clark’s deed to Jenness, and Jenness’ mortgage to Kelley, were acknowledged and delivered on the same day, June 15, 1853, and both recorded in the Piscataquis Registry of Deeds, June 16, 1853. The mortgage to Kelley was to secure the…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
Horace Jenness, on the 2d of December, 1852, made his deed of mortgage to Webster Kelley, the intestate, of a township of land. The deed was in the usual form and contains the usual covenants of general warranty. It was given to secure payment of a note for eight thousand dollars, given by Jenness to Kelley. The deed was acknowledged and delivered on the 15th of June, 1853. At this time there was an incumbrance on the township, created by a prior mortgage to secure a note to S. H. Blake for STGdSfiA" given by Clark, who then had the title.
The…
2Cases cited1 opinion
- Jackson ex dem. Whitlocke v. MillsNew York Supreme Court · 1816
3Cited by6 opinions
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- McQuaide, Admx. v. McQuaideIndiana Court of Appeals · 1929
- Newton v. EasterwoodCourt of Appeals of Texas · 1913
- Sommers v. WagnerNorth Dakota Supreme Court · 1911
- Morris v. Connellan, Pennsylvania Court of Common Pleas, Delaware County1935
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