Partridge v. Gordon
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the said Nathaniel and Susanna demand possession of a certain saw-mill, with its privileges, and of several other tracts of land, all lying in Westbrook, in this county; counting upon the seisin of one Joshua Webb, and a conveyance from him to the said Susanna, when sole, and they make a jirofert of the deed.
Read the full summary
This was a writ of entry, in which the said Nathaniel and Susanna demand possession of a certain saw-mill, with its privileges, and of several other tracts of land, all lying in Westbrook, in this county; counting upon the seisin of one Joshua Webb, and a conveyance from him to the said Susanna, when sole, and they make a jirofert of the deed. In a statement agreed by the parties, the deed is recited, and it appears to have been a mortgage, with a condition that the grantor should save the grantee harmless and free from certain damages, tc which she 'might be exposed by his negligence or…
1Opinion of the CourtParker, C. J.
Judgment for possession absolutely must be entered in this case, notwithstanding the motion on the part of the tenant for the conditional judgment, as in case of mortgage.
Where a mortgagee brings his action for possession, and not for foreclosure, he need not set forth his deed, but may declare upon his seisin generally, and produce his deed in evidence, to prove his seisin. In such case, he is entitled to the absolute judgment against all but the mortgagor, or persons lawfully claiming under him, having the right of equity to redeem; and against them also, unless, by plea, they set forth…
2Cases cited1 opinion
- Green v. KempMassachusetts Supreme Judicial Court · 1816
3Cited by12 opinions
- Durst v. SwiftTexas Supreme Court · 1854
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Ross v. SmithTexas Supreme Court · 1857
- Holman v. CriswellTexas Supreme Court · 1854
- McFadin v. MacGrealTexas Supreme Court · 1860
7 more not listed; retrieve them via the Exa API.