Hills v. Eliot
Massachusetts Supreme Judicial Court
This action was brought to recover a moiety of certain tenements, which the defiiandant claims, as having been mortgaged by one Edmund Haynes, and as having come to his hands by sundry mesne assignments, which are set forth in the declaration.
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This action was brought to recover a moiety of certain tenements, which the defiiandant claims, as having been mortgaged by one Edmund Haynes, and as having come to his hands by sundry mesne assignments, which are set forth in the declaration. The cause was tried upon the general issue before Jackson, J., at the last November term, in this county; when it appeared that the said Edmund Haynes, on the 30th of June, 1802, by his deed of that date, mortgaged the whole of the said tenement to Catherine Williams and Margaret Williams, to secure the payment of $500 to the said Catherine, and $1000…
1Opinion of the CourtParker, C. J.
It is obvious, from a consideration of the facts reported by the judge, that the title of the demandant is well maintained by evidence ; and that it is, therefore, necessary for the tenant to impeach that title successfully, in order that he may retain his possession of the premises demanded.
There are three grounds upon which the tenant has attempted to defeat the title of the demandant.
First, he says, that no interest or title in the land passed from Catherine to John Williams, the assignment being only of the mortgage deed, and the notes of Haynes accompanying it, and not of the estate.
But…
2Cited by24 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1816
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Rice v. CunninghamMassachusetts Supreme Judicial Court · 1875
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