McLaughlin v. Shepherd
Supreme Judicial Court of Maine
Entry.—Case for the plaintiff. In June, 1838, the defendant conveyed the land to one Wellington, by a deed recorded in the same month, in consideration of thee notes of $700 each, given by Wellington to him. In October, 1838, a- creditor of Wellington attached the land, and on obtaining judgment in 1846, levied it as the property of Wellington, and in 1847 released it to the plaintiff. Case for the defendant.
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Entry.—Case for the plaintiff. In June, 1838, the defendant conveyed the land to one Wellington, by a deed recorded in the same month, in consideration of thee notes of $700 each, given by Wellington to him. In October, 1838, a- creditor of Wellington attached the land, and on obtaining judgment in 1846, levied it as the property of Wellington, and in 1847 released it to the plaintiff. Case for the defendant. Wellington, on taking the deed, gave to the defendant a bond, that if, within thee years, the defendant should re-deliver the notes, or the part of them which might be unpaid, together…
1Opinion of the CourtHoward, J.
The tenant owned and occupied the demanded premises, consisting of a house and lot in Bangor, and conveyed them by an absolute deed to Wellington, June 2, 1838. He took from Wellington a bond under seal, of the same date, and executed at the same time, to re-convey the premises within thee years, upon the surrender of the notes, then given for the consideration of the conveyance, and upon a re-payment of such sums and interest as might have been paid by the grantee.
The deed was recorded June 30, 1838, but the bond was not recorded until November 20, 1843. Wellington did not enter into the…
2Cases cited4 opinions
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Blanchard v. ColburnMassachusetts Supreme Judicial Court · 1820
- M'Lean v. WalkerNew York Supreme Court · 1813
3Cited by5 opinions
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Ferris v. WilcoxMichigan Supreme Court · 1883
- Sprague v. Kelly (In Re Kelly)United States Bankruptcy Court, D. Maine · 1983
- Farmer v. R. C. Tway Coal Co.Court of Appeals of Kentucky · 1924
- Davis v. AllenCourt of Appeals of Kentucky (pre-1976) · 1939