Farnum v. Buffum
Massachusetts Supreme Judicial Court
This was a writ of entry upon a mortgage, to recover seizin and possession of several tracts of land situated in Blackstone, formerly Mendon, in this county, and was tried before Hopkinson, J., in the court of common pleas.
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This was a writ of entry upon a mortgage, to recover seizin and possession of several tracts of land situated in Blackstone, formerly Mendon, in this county, and was tried before Hopkinson, J., in the court of common pleas. The mortgage on which the suit was founded was given by Henry S. Mansfield to Richmond Bullock, bearing date June 29th, 1844, and assigned by the mortgagee to the plaintiff on the 14th of August, 1847. These deeds were duly recorded, but it was objected by the defendant, that the registry of the deed of assignment was inoperative, because Henry Martin, a notary public in…
1Opinion of the CourtWilde, J.
The demandant’s title in this case is derived from one Henry S. Mansfield by this deed of mortgage to Richmond Bullock, and by his deed of assignment to the demandant.
To this title, it was objected, at the trial, that the deed of assignment was inoperative, because Henry Martin, a notary public in the state of Rhode Island, taking the acknowledgment of it, did not authenticate his act by a notarial seal. This objection was overruled. And the first question is, whether it was rightly overruled.
By the Rev. Sts. c. 59, § 13, it is provided, that deeds of real estate may be acknowledged “ before…
2Cases cited2 opinions
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3Cited by1 opinion
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