Kelleran v. Brown
Massachusetts Supreme Judicial Court
This was a writ of entry, and upon the general issue pleaded, was tried before Thatcher, J., September term, 1806, when a ver diet was rendered for the demandant. In support of the action, the demandant read in evidence a deed of Timothy Manly, conveying the land demanded to the demandant in fee.
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This was a writ of entry, and upon the general issue pleaded, was tried before Thatcher, J., September term, 1806, when a ver diet was rendered for the demandant. In support of the action, the demandant read in evidence a deed of Timothy Manly, conveying the land demanded to the demandant in fee. The tenant, In defence of the action, having prayed in aid the title of Timothy Manly, under whom he claims the premises, as his tenant, the counsel for the tenant, to show the demandant ought not to have judgment, except as in an action upon a mortgage, offered to read in evidence an agreement in…
1Opinion of the Court
At the last June term in this county, the cause was briefly spoken to by Mellen in support of the exceptions, and thence continued for advisement; and now the opinion of the Court was delivered by
Parsons, C. J.
The demandant has sued a writ of entry, to recover his seisin of the lands demanded in the writ and count. The tenant pleads the general issue, and to maintain the issue on his part, offers to give in evidence that he is tenant at will to one Timothy Manly, and that Manly conveyed the lands demanded to Kelleran in mortgage. To prove that the conveyance was a mortgage, he offered to read…
2Cited by25 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Fitch v. MillerIllinois Supreme Court · 1902
- Higbee v. RiceMassachusetts Supreme Judicial Court · 1809
- Stephens v. SherrodTexas Supreme Court · 1851
- Swetland v. SwetlandMichigan Supreme Court · 1855
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