Kelly v. Beers
Massachusetts Supreme Judicial Court
Entry sur disseizin, to recover possession of a certain parcel of land in Somerset, in the county of Bristol. The action was referred to the decision of the Court upon certain facts agreed, to the following effect. The tenant, Beers, on the 11th day of June, 1810, being seized in fee of the demanded [*388] premises, mortgaged the same to John Winslow, *as collateral security for the payment of a sum of money.
Read the full summary
Entry sur disseizin, to recover possession of a certain parcel of land in Somerset, in the county of Bristol. The action was referred to the decision of the Court upon certain facts agreed, to the following effect. The tenant, Beers, on the 11th day of June, 1810, being seized in fee of the demanded [*388] premises, mortgaged the same to John Winslow, *as collateral security for the payment of a sum of money. On the 8th day of August, 1811, the right in equity to redeem the demanded premises, remaining in Beers, was duly sold by a deputy sheriff, upon an execution against him, and was…
1Opinion of the CourtJackson, J.
[After stating the facts agreed.] The single question in this case is, whether the demandants can maintain their action upon the title set forth in the case agreed.
By the statute of 1783, c. 57, the debtor’s right of redeeming a *339mortgaged estate may be taken on execution, and set off to the creditor, like other real estate. The debtor was considered as owning the land subject to the lien ; and it was given to his creditor, subject still to the same lien, and subject also to the right of the debtor to redeem, as against the judgment creditor, by paying him the debt for which it was thus set…
2Cited by11 opinions
- Legro v. LordSupreme Judicial Court of Maine · 1833
- President of the Northampton Bank v. AllenMassachusetts Supreme Judicial Court · 1813
- Ramsay v. ThompsonCourt of Appeals of Maryland · 1889
- Fletcher v. StoneMassachusetts Supreme Judicial Court · 1825
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1827
6 more not listed; retrieve them via the Exa API.