Wilder v. Whittemore
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the said Sarah counted upon a mortgage in fee of the demanded premises, lying in the town of Dana, made on the 11th of July, 1804, by one Aaron Haven to her husband, Manasseh Wilder, whom she had survived, and to herself, as joint-tenants, and upon a disseisin by the said Whittemore.
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This was a writ of entry, in which the said Sarah counted upon a mortgage in fee of the demanded premises, lying in the town of Dana, made on the 11th of July, 1804, by one Aaron Haven to her husband, Manasseh Wilder, whom she had survived, and to herself, as joint-tenants, and upon a disseisin by the said Whittemore. The plea in bar set forth, on oyer granted, the deed under which the demandant claims; the condition of which was, that if the said Aaron Haven, tne mortgagor, should maintain and support the demandant, and her said husband, during their respective lives, the deed should be…
1Opinion of the Court
By the Court.
It is clear that the plea in bar does not show a performance of the condition of the deed; for it is nowhere stipulated therein that the mortgagees shall be obliged to receive their support in the house of the mortgagor, or of any of his assignees On the contrary, wherever they choose to live, they have a right to *243be supported, according to this contract, so that they do not create needless expense to the mortgagor, or those holding under him.
The demandant has a right, therefore, to the possession of * the estate, unless the mortgagor will pray for the conditional judgment; in…
2Cited by3 opinions
- Harris v. CannonSupreme Court of Georgia · 1849
- Jancovech v. Christensen, Gdn.Indiana Court of Appeals · 1935
- Inhabitants of Clinton v. Inhabitants of BentonSupreme Judicial Court of Maine · 1862