Brown v. Smith
Massachusetts Supreme Judicial Court
Writ or entry against Hannah Smith and her husband, Henry C. Smith, to recover a tract of land in Westborough. Hannah Smith pleaded nul disseisin. Henry C. Smith pleaded non-tenure and disclaimer. At the trial in the Superior Court, before Baeon, J., it appeared ‘•hat the demandant’s title was derived from a sale of the land on execution as the property of the last named defendant, the same having been attached on February 9, 1870, in an action by the demandant against him.
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Writ or entry against Hannah Smith and her husband, Henry C. Smith, to recover a tract of land in Westborough. Hannah Smith pleaded nul disseisin. Henry C. Smith pleaded non-tenure and disclaimer. At the trial in the Superior Court, before Baeon, J., it appeared ‘•hat the demandant’s title was derived from a sale of the land on execution as the property of the last named defendant, the same having been attached on February 9, 1870, in an action by the demandant against him. It further appeared that Henry C. Smith was on April 24,1868, the owner of the demanded premises, and on that day he…
1Opinion of the CourtGray, C. J.
The deed executed by Fay in his own name, as Well as in the name and as the attorney of the mortgagor, is expressly declared to be made by virtue of every other power and authority them thereto enabling, as well as by virtue and in execution of the power contained in the mortgage deeds. The affi*111davit as to the execution of the power of sale does not affect the legal operation of the deed in other respects. If it was not a valid execution of that power and therefore did not convey an absolute foe, it at least passed the mortgagee’s title to the grantee. Mrs. Smith, under his subsequent deed to…
2Cases cited1 opinion
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
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