Dodge v. Emerson
Massachusetts Supreme Judicial Court
Writ oe entry, by the administrator de bonis non with the will annexed of the estate of Nathaniel Dodge, to recover a parcel of land in Millbury, mortgaged on April 1, 1856, to Dodge by Harold Whittemore, who conveyed the same, on April 16, 1866, subject to the mortgage, to Jason Emerson, by whom, on November 1, 1875, it was conveyed to the tenant. Plea, nul disseisin, with a specification of defence that the debt secured by the mortgage had been paid.
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Writ oe entry, by the administrator de bonis non with the will annexed of the estate of Nathaniel Dodge, to recover a parcel of land in Millbury, mortgaged on April 1, 1856, to Dodge by Harold Whittemore, who conveyed the same, on April 16, 1866, subject to the mortgage, to Jason Emerson, by whom, on November 1, 1875, it was conveyed to the tenant. Plea, nul disseisin, with a specification of defence that the debt secured by the mortgage had been paid. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the demandant; and the tenant alleged exceptions to…
1Opinion of the CourtEndicott, J.
The bill of exceptions states that the only disputed question in this case was, whether the debt secured by the mortgage had been paid. The burden was on the tenant to prove payment, and he introduced a note of Jason Emerson, the tenant’s grantor, for $1000, given to the demandant, August 30, 1875. The amount of the mortgage debt at that time was between $1100 and $1200. The demandant, admitting that he received the note, introduced evidence tending to prove that the note was not given and received in payment of the mortgage debt, but for a different purpose.
It does not appear, in the…
2Cases cited1 opinion
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- Dow v. PooreMassachusetts Supreme Judicial Court · 1930
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