Reed v. Pierce
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J., presiding. Covenant Broken. In 1833, the defendant mortgaged a lot of land to Thornton M’Gaw, to secure the payment of $2400, by installments, the last pay-day being ,in 1836. Notwithstanding the mortgage, the defendant, in 1835, conveyed the same land to the plaintiff, witli covenant that it was free from all incumbrances, and that he would warrant and defend the same against the lawful claims and demands of all persons.
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On Report from Nisi Prius, Tenney, J., presiding. Covenant Broken. In 1833, the defendant mortgaged a lot of land to Thornton M’Gaw, to secure the payment of $2400, by installments, the last pay-day being ,in 1836. Notwithstanding the mortgage, the defendant, in 1835, conveyed the same land to the plaintiff, witli covenant that it was free from all incumbrances, and that he would warrant and defend the same against the lawful claims and demands of all persons. The plaintiff entered upon the land under his deed and held quiet possession until 1851, when the mortgagee entered and took…
1Opinion of the Court
Appleton. J. —
The defendant conveyed to the plaintiff by deed of warranty, premises, which at the time were sub*460ject to mortgage, and has since received Ms discharge in bankruptcy. At the time of his application and discharge, the notes secured by mortgage were outstanding and no entry had been made by the mortgagee for the purpose of foreclosure. Subsequently the mortgage was foreclosed and the plaintiff was evicted by the paramount title of the mortgagee. This suit is brought on the several covenants of the defendant’s deed, in bar to the maintenance of which the defendant has pleaded his…
2Cited by8 opinions
- Magwire v. RigginSupreme Court of Missouri · 1869
- Nichols v. HarshSupreme Court of Iowa · 1926
- Ogden v. BallSupreme Court of Minnesota · 1889
- Lloyd v. Estate of RobbinsSupreme Judicial Court of Maine · 2010
- Bradford v. RussellIndiana Supreme Court · 1881
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