Carey v. Rawson
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin, and upon a disseisin by the tenant. The tenant prays to be heard in chancery on the suit, and avers that at the time when the conveyance, under which the demandant claims the land described, was executed, viz., on the 7th of April, 1808, the demandant made and executed to him a deed of defeasance, which he sets forth.
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This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin, and upon a disseisin by the tenant. The tenant prays to be heard in chancery on the suit, and avers that at the time when the conveyance, under which the demandant claims the land described, was executed, viz., on the 7th of April, 1808, the demandant made and executed to him a deed of defeasance, which he sets forth. It purports an agreement between the parties, that Raivson, in consideration of 2000 dollars, to be paid him by Carey, *on Rawson’s executing a conveyance of the land, &c., to him in fee,…
1Opinion of the Court
The Court,
without hesitation, decided that the two deeds must be treated as parts of one transaction, and together constituted a mortgage ; and that the tenant, having confessed the forfeiture, should be heard in chancery. (a)
[Flagg vs. Mann, 2 Sumn. 486.— Van Buren vs..Olmstead, 5 Paige, 9. — James vs. Johnson, 6 Johns. Ch. 417. — 2 Cow. 246.— Day vs. Dunham, 2 Johns. Ch. 289. — 15 Johns. 555. — Hicks vs. Hicks, 5 Gill & Johns. 76. — Edrington vs. Harper, 3 J. J. Marsh. 356. — Harrison & Al. vs. The Trustees of Phillips Academy, 12 Mass. 456. — Rice vs. Rice, 4 Pick. 349.—Newhall vs. Burt &…
2Cases cited5 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
- James v. JohnsonNew York Court of Chancery · 1822
3Cited by10 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Osborn v. PhelpsSupreme Court of Connecticut · 1848
- Williamson v. CulpepperSupreme Court of Alabama · 1849
- Collyer v. DavisNebraska Supreme Court · 1904
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