Parsons v. Welles
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant claimed seisin and possession of two tracts of land in Needham, in this county, and counted upon two mortgage deeds made to him by one Jonathan Ellis.
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This was a writ of entry, in which the demandant claimed seisin and possession of two tracts of land in Needham, in this county, and counted upon two mortgage deeds made to him by one Jonathan Ellis. Trial was had here on the general issue, before Wilde, J., February term, 1819.—The facts stated in the report of the judge, and those appearing by the papers referred to in that report, are briefly these:—In January, 1800, Ellis, who was the former owner of the demanded premises, conveyed a part thereof in fee and in mortgage to one William Cahot, and in the following March conveyed, in like…
1Opinion of the CourtWilde, J.
The question of law arising in this case, and which is now to be determined, is, whether the evidence of the payment by Ellis was properly admitted; or, in other words, whether, after failure by the mortgagor to pay the amount due on the mortgage, and judgment recovered and possession received by the mortgagee, the payment of the principal, interest, and costs, does ipso facto defeat [ * 421 ] the estate of the mortgagee, *so that the mortgagor may lawfully enter, or maintain ejectment for the recovery of possession.—This is a question of considerable difficulty, and leads to the…
2Cases cited2 opinions
- Green v. HartNew York Supreme Court · 1806
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
3Cited by45 opinions
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Tallman v. ElyWisconsin Supreme Court · 1858
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