Chase v. Woodbury
Massachusetts Supreme Judicial Court
This was a real action to recover seizin and possession of one undivided half of a certain farm in Sutton, and was submitted to the court upon the following agreed statement of facts: — Nathaniel Sibley, on the 10th of May, 1825, being then the owner of the whole farm, made a mortgage thereof to Darius Russell, to secure the payment of $ 1000 and interest.
Read the full summary
This was a real action to recover seizin and possession of one undivided half of a certain farm in Sutton, and was submitted to the court upon the following agreed statement of facts: — Nathaniel Sibley, on the 10th of May, 1825, being then the owner of the whole farm, made a mortgage thereof to Darius Russell, to secure the payment of $ 1000 and interest. On the 21st of April, 1836, Nathaniel Sibley, for a valuable consideration, conveyed one undivided half of the farm by a warranty deed, to his son Sylvester Sibley. On the same day, he conveyed to his son Reuben Sibley the other undivided…
1Opinion of the CourtShaw, C. J.
This is a real action brought to recover one undivided half of a farm in Sutton, and comes before the court on an agreed statement of facts.
By the case it appears that Nathaniel Sibley, owning the whole farm, mortgaged the same on the 10th of May, 1825, to one Darius Russell, for $2500.
This mortgage being outstanding, April 21st, 1836, Nathaniel Sibley, for a valuable consideration and by deed of warranty, conveyed one half of the farm to his son Sylvester Sibley. In May, 1838, Sylvester, for a valuable consideration, conveyed his moiety of the estate to the demandant.
This makes a primá facie…
2Cases cited2 opinions
- Clowes v. DickensonNew York Court of Chancery · 1821
- Gill v. LyonNew York Court of Chancery · 1815
3Cited by14 opinions
- Siebert v. PeopleIllinois Supreme Court · 1892
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- Monahan v. Economy Grocery Stores Corp.Massachusetts Supreme Judicial Court · 1933
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1892
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
9 more not listed; retrieve them via the Exa API.