Smith v. Smith
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Newtonville, of which the plaintiffs alleged seisin in mortgage. Plea, nul disseisin, with a specification of a discharge of the mortgage.
Read the full summary
Writ oe entry to recover a parcel of land in Newtonville, of which the plaintiffs alleged seisin in mortgage. Plea, nul disseisin, with a specification of a discharge of the mortgage. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : Edward Page, who died in 1872, conveyed the demanded premises to Asa T. Ring, September 1,1857; and on the same day Ring conveyed the same premises to Page in mortgage to secure the payment of a note for $2100, on three years, with interest payable semi-annually. On September 19, 1857, Page assigned the…
1Opinion of the Court
By the Court.
Hunneman is not shown to have had any authority from the corporation to' discharge the Ring mortgage.
Exceptions overruled.
2Cited by2 opinions
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Pritchard v. Uphams Corner Theatre Co.Massachusetts Supreme Judicial Court · 1921