Legal Opinion

Anthony v. Anthony

Massachusetts Supreme Judicial Court

Decided May 17, 1894PublishedCited by 8 opinions

Writ of entry, dated June 18, 1892, to foreclose a mortgage of a parcel of land in the town of Dartmouth, brought by the executor of the will of Jonathan Anthony, the mortgagee, against the heirs at law of the mortgagor, Reuben Anthony.

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Writ of entry, dated June 18, 1892, to foreclose a mortgage of a parcel of land in the town of Dartmouth, brought by the executor of the will of Jonathan Anthony, the mortgagee, against the heirs at law of the mortgagor, Reuben Anthony. Pleas as to all the tenants, nul disseisin, and that on April 6, 1860, the mortgagee purchased the demanded premises for the mortgagor, who was his son, and at the same time induced his son to execute to him a mortgage thereof; that the demanded premises were purchased on the understanding and agreement that the son was to accept and receive them as his full…

1Opinion of the CourtKnowlton, J.

This is a writ of entry to foreclose a mortgage, tried before a justice of the Superior Court without a jury. The tenants excepted to the refusal of the court to rule that there was no evidence to warrant a finding for the demandant, and to certain rulings in regard to the admission of evidence. The defences principally relied upon were the statute of limitations, adverse possession of the premises maintained for more than twenty years prior to the commencement of the suit, and payment or satisfaction of the mortgage debt. The statute of limitations was not pleaded, and this fact alone might…

2Cases cited2 opinions

  1. Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
  2. Kellogg v. DickinsonMassachusetts Supreme Judicial Court · 1888

3Cited by8 opinions

  1. Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
  2. Greves v. ShawMassachusetts Supreme Judicial Court · 1899
  3. Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
  4. Kerslake v. CummingsMassachusetts Supreme Judicial Court · 1901
  5. Adams v. BatchelderMassachusetts Supreme Judicial Court · 1899

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