Bird v. Gardner
Massachusetts Supreme Judicial Court
This was a writ of dotoer, and came before the Court upon the following facts, agreed by the parties: “On the 24th of March, 1801, John Moies was seised in fee of the premises described in the writ, and on that day, for a valuable consideration, by his deed, duly acknowledged and recorded, mortgaged the same in fee to John Hawes, to secure to him the payment of 350 dollars, and interest, in one year.
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This was a writ of dotoer, and came before the Court upon the following facts, agreed by the parties: “On the 24th of March, 1801, John Moies was seised in fee of the premises described in the writ, and on that day, for a valuable consideration, by his deed, duly acknowledged and recorded, mortgaged the same in fee to John Hawes, to secure to him the payment of 350 dollars, and interest, in one year. On the 30th of April, 1811, said sum remaining unpaid, and the said mortgage not being discharged nor foreclosed, said Halves, for a valuable consideration, by deed acknowledged and recorded,…
1Opinion of the CourtSewall, J.
The demandant’s husband, Benjamin Bird, in his lifetime pur chased the premises, of which dower is demanded from John Moies. They were then encumbered with a mortgage, which Moies had made to John Hawes, and which he had assigned to Gardner, the tenant. After Bird became the owner, subject to that mortgage, he conveyed the same premises in mortgage to the tenant. The first mortgage remains unpaid; and the tenant has therefore the legal title, as it was conveyed by Moies before Bird had any interest in the premises. It is upon the strength of that title, by Hawes’s assignment vested in the…
2Cases cited2 opinions
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- Stelle v. CarrollSupreme Court of the United States · 1838
3Cited by8 opinions
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- Van Dyne v. ThayreNew York Supreme Court · 1838
- McMahon v. RussellSupreme Court of Florida · 1880
- Wilkins v. FrenchSupreme Judicial Court of Maine · 1841
- McArthur v. PorterOhio Supreme Court · 1823
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