Bullard v. Briggs
Massachusetts Supreme Judicial Court
This was a writ of entry to recover an undivided moiety of a certain messuage. The demandant alleged a seisin in himself and a disseisin by the tenant. Issue was joined on the plea of non disseisivit.
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This was a writ of entry to recover an undivided moiety of a certain messuage. The demandant alleged a seisin in himself and a disseisin by the tenant. Issue was joined on the plea of non disseisivit. At the trial, before Wilde J., the demandant proved that Adna Bates, being seised in fee of the demanded premises, by a deed dated the 28th of August, 1824, but acknowledged and recorded on the 1st of September following, conveyed the same to the Commonwealth Insurance Company in fee and in mortgage ; and that on the 3d of September the equity of redemption was attached at the suit of one Hobbs,…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The . demandant, together with one Hobbs, purchased at a sheriff’s sale the equity of redemption of the estate demanded, then unda. mortgage to the Commonwealth Insurance Company, it having been attached at the suit of Hobbs on the 3d of September, 1824. This title must prevail, unless the title of the mortgager, Adna Bates, was before transferred by a legal conveyance. The tenant sets up a conveyance from Bates, purporting to have been made for a valuable consideration, on the 1st of September of the same year, which of course prevents the…
2Cases cited2 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Allison v. KurtzSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Brown v. RawlingsIndiana Supreme Court · 1881