Gallagher v. Galletley
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Somerville. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Putnam, J., who found for the demandant; and the tenant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
There is no ground whatever upon which these exceptions can be sustained.
The premises were attached by Josiah A. Hannum in August-1877. Hannum obtained judgment in his action, and, execution being issued in July 1878, the premises were duly levied upon and sold in August following to James W. Hannum, who at once conveyed the same to the demandant.
The tenant, to prove his title, offered in evidence a mortgage of the premises made to him in June 1877, but not recorded till after the attachment. This mortgage he assigned, in September 1877, to his son, who, in October following, discharged it on…
2Cited by1 opinion
- Stark v. BoyntonMassachusetts Supreme Judicial Court · 1897