Sheldon v. Smith
Massachusetts Supreme Judicial Court
Writ op entry brought by a demandant describing himself therein as “ administrator of the goods and estate” of Elijah S. Deming, “ deceased, intestate,” to foreclose a mortgage given by the defendant to Deming. The tenant pleaded nul disseisin, and specified in defence that the demandant was not administrator as described.
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Writ op entry brought by a demandant describing himself therein as “ administrator of the goods and estate” of Elijah S. Deming, “ deceased, intestate,” to foreclose a mortgage given by the defendant to Deming. The tenant pleaded nul disseisin, and specified in defence that the demandant was not administrator as described. At the trial in the superior court, the demandant produced the record of the court of probate by which it appeared that he was duly appointed executor of the will of said Deming, deceased ; and he offered the mortgage deed in evidence. The tenant objected to its…
1Opinion of the CourtHoar, J.
The demandant brings a writ of entry to foreclose a mortgage, describing himself as administrator of the mortgagee. The tenant, under the plea of nul disseisin, specifies as a defence that the demandant was not administrator. At the trial *35it appeared that the demandant was not administrator, but executor ; and the question presented by the bill of exceptions is whether this variance is fatal.
It is apparent that the right of an executor and administrator to maintain an action to foreclose a mortgage, is the same under our statutes. Each sues as the personal representative of the deceased…
2Cases cited1 opinion
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Grueby v. Chase Harris Forbes Corp.Massachusetts Supreme Judicial Court · 1935
- Crosby v. CharlestownSupreme Court of New Hampshire · 1915
- Holt v. SavidgeHawaii Supreme Court · 1905
- Look v. KenneyMassachusetts Supreme Judicial Court · 1880
- Scott v. MonksSupreme Court of Rhode Island · 1888
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