Hackett v. Buck
Massachusetts Supreme Judicial Court
Wbit ox entby to recover a parcel of land in Malden. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court on appeal, on an agreed statement of facts in substance as follows : In April 1871, George H. McAllister, who was seised in fee of the demanded premises, conveyed the same in mortgage to Ezra Holden.
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Wbit ox entby to recover a parcel of land in Malden. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court on appeal, on an agreed statement of facts in substance as follows : In April 1871, George H. McAllister, who was seised in fee of the demanded premises, conveyed the same in mortgage to Ezra Holden. On December 27, 1873,, the demandant brought suit against McAllister, and attached all his real estate in this county. On March 3, 1874, the mortgage above mentioned was discharged, and the discharge was duly recorded. On…
1Opinion of the CourtGray, C. J.
The St. of 1874, c. 188, has changed the law so far as to authorize an estate not subject to mortgage to be levied upon by sale instead of by extent, but not so far as to authorize the officer to levy upon, advertise and sell such an estate as an equity of redemption, or to sell less than the entire estate which is at the time of the beginning of the levy bound *370by the lien of the attachment. In this case, by the discharge oí the mortgage, after the attachment and before the levy, the equity of redemption had ceased to exist; the advertisement that the right to be sold on execution was an…
2Cases cited1 opinion
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Bell v. WalshMassachusetts Supreme Judicial Court · 1881
- Mansfield v. DyerMassachusetts Supreme Judicial Court · 1882
- Highland Trust Co. v. HamiltonSupreme Judicial Court of Maine · 1935
- Burgess v. GraffamU.S. Circuit Court for the District of Massachusetts · 1882
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