Willington v. Gale
Massachusetts Supreme Judicial Court
This was an action of entry sur disseisin, in which the demand-ant counted upon his own seisin, and on a disseisin by the tenant. Trial was had upon the general issue, and a verdict being found for the tenant, the demandant moved for a new trial for the misdirection of the judge. From the judge’s report it appears, that the tenements demanded were under mortgage; but neither the mortgagee, nor any under him, had entered for condition broken.
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This was an action of entry sur disseisin, in which the demand-ant counted upon his own seisin, and on a disseisin by the tenant. Trial was had upon the general issue, and a verdict being found for the tenant, the demandant moved for a new trial for the misdirection of the judge. From the judge’s report it appears, that the tenements demanded were under mortgage; but neither the mortgagee, nor any under him, had entered for condition broken. The equity of redemption was regularly seized upon execution against the mortgagor, and legally sold by the sheriff to the demandant in fee, who received…
1Opinion of the CourtParsons, C. J.
The mortgagor, after his mortgage, still continues the owner of the land, and seised of it against all persons but the mortgagee, or those who claim under him ; and he has therefore a right to convey the estate mortgaged, defeasible only by the mortgagee, or some person having his right; and if he conveys, thus having a right to convey, by deed executed, acknowledged, and registered, the purchaser shall be deemed actually seised, without entry or livery of seisin.
The statute of 1798, c. 77, which makes rights in equity, of redeeming real estate mortgaged, liable to be seized and sold on…
2Cited by29 opinions
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- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
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