Murphy v. Murphy
Massachusetts Supreme Judicial Court
WRIT OP entry to recover a certain tract of land in Holden. Plea, nul disseisin. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that the demanded premises were conveyed to the demandant by a mortgage deed dated April 18, 1866, and recorded within a few days after its date.
Read the full summary
WRIT OP entry to recover a certain tract of land in Holden. Plea, nul disseisin. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that the demanded premises were conveyed to the demandant by a mortgage deed dated April 18, 1866, and recorded within a few days after its date. The demandant put his mortgage in evidence; and the breach of a condition thereof at the time of the entry hereinafter referred to was admitted. It appeared that the demandant, on June 27, 1882, made an open and peaceable entry on the premises for…
1Opinion of the CourtField, J.
The single exception of the tenant is, that the certificate of the entry made for the breach of a condition of the mortgage was not sworn to before a justice of the peace, but was sworn to before a notary public. Pub. Sts. c. 181, § 2. Gen. Sts. e. 140, § 2. Rev. Sts. e. 107, § 2. Sts. 1785, e. 22, § 2; 1798, a 77, § 1.
■ The provision requiring a certificate of the entry to be made and recorded, and, if not made by the mortgagor or the person claiming under him, to be made by two competent witnesses and sworn to before a justice of the peace, was first enacted in the Revised Statutes. See…
2Cited by2 opinions
- Fitchburg Co-operative Bank v. NormandinMassachusetts Supreme Judicial Court · 1920
- MasonMassachusetts Land Court · 1905