M'Kecknie v. Hoskins
Supreme Judicial Court of Maine
John Bowley was once the undisputed owner of the land demanded in the present action, and both parties claimed under him. On July 20, 1835, Bowley, by his deed of that date, conveyed the premises to Solomon Moulton, and at the same time Moulton made a mortgage thereof back to secure the purchase money.
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John Bowley was once the undisputed owner of the land demanded in the present action, and both parties claimed under him. On July 20, 1835, Bowley, by his deed of that date, conveyed the premises to Solomon Moulton, and at the same time Moulton made a mortgage thereof back to secure the purchase money. The deed to Moulton was recorded on June 19, 1837, and the mortgage to Bowley, Oct. 28, 1836. This mortgage was assigned to the demandant on Oct. 30, 1839, and the assignment was recorded on the next day. Bowley, by his bill of sale, under seal, bearing date July 15, 1835, conveyed to Moulton,…
1Opinion of the Court
The opinion of the Court was prepared by
Tenney J.
Judgment is to be entered upon the verdict for the demandant, if the admissions of Eli Hoskins were competent evidence, or, if from the whole case, he is entitled thereto. If the result were to depend upon the first alternative, there is much reason to believe, that a new trial must be had, but from the whole case, as it is reported, the verdict can be well sustained.
At the time of the demandant’s conveyance to Moulton, the latter had only an instantaneous seizin, he having executed and delivered back a mortgage for the security of the purchase…
2Cases cited2 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Libby v. BrooksSupreme Judicial Court of Maine · 1995