Burns v. Thayer
Massachusetts Supreme Judicial Court
Writ of entry to recover real estate in Chelsea. Plea, nul disseisin. The case was submitted to the superior court on an agreed statement of facts, of which the following is all that is material: The demandant was the widow of John Burns, who bought the demanded premises of Nathan Matthews on September 15, 1854, and at the same time gave a mortgage back to Matthews to secure payment of a part of the purchase money.
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Writ of entry to recover real estate in Chelsea. Plea, nul disseisin. The case was submitted to the superior court on an agreed statement of facts, of which the following is all that is material: The demandant was the widow of John Burns, who bought the demanded premises of Nathan Matthews on September 15, 1854, and at the same time gave a mortgage back to Matthews to secure payment of a part of the purchase money. Matthews assigned the mortgage to Edward Potter, who took possession, for the purpose of foreclosure, on April 26, 1855, and on May 21,1855, recorded a certificate of his entry. In…
1Opinion of the CourtChapman, C. J.
The demandant claims a homestead estate in the demanded premises. They were conveyed by Nathan Matthews to her husband September 15, 1854, and at the same time mortgaged back to secure a part of the purchase money. The mortgage was assigned to Potter, who took possession to foreclose the mortgage April 26,1855, and a certificate of his mtry was duly made and recorded. The homestead act of 1855 was passed April 27, and took effect thirty days afterwards. It gave no homestead right to Burns or the demandant as against the mortgage. On June 29,1855, in pursuance of an agreement between Potter…
2Cases cited2 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
3Cited by17 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Tolman v. SmithCalifornia Supreme Court · 1890
- Walters v. WaltersIndiana Supreme Court · 1881
- Pouder v. RitzingerIndiana Supreme Court · 1885
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