Hale v. Jewell
Supreme Judicial Court of Maine
This was a writ of entry upon the plaintiff’s own seisin of two lots of'land, and a disseisin by the tenants; and was tried before Parris J. upon the general issue, with a reservation of liberty to give usury in evidence, in the same manner as if specially pleaded,, The demandant claimed title under a deed from Danford Jewell, and Betsey Jewell, the tenants, dated Oct. 11, 1828, conveying the premises to him absolutely in fee, with general warranty, for the consideration of…
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This was a writ of entry upon the plaintiff’s own seisin of two lots of'land, and a disseisin by the tenants; and was tried before Parris J. upon the general issue, with a reservation of liberty to give usury in evidence, in the same manner as if specially pleaded,, The demandant claimed title under a deed from Danford Jewell, and Betsey Jewell, the tenants, dated Oct. 11, 1828, conveying the premises to him absolutely in fee, with general warranty, for the consideration of $431,61. ft appeared that afterwards on the 28tli day of the same October, the demandant gave Danford Jewell a bond,…
1Opinion of the Court
The opinion of the Court was delivered at the ensuing July term, in Waldo, by
Parris J.
If the bond and deed had been executed at the same time, had been between the same parties, and were parts of the same transaction, the bond would unquestionably operate as a de-feazance, and the deed, instead of being an absolute conveyance in fee simple, would, with the bond, become only a “ mortgage or assurance.” But such are not the facts. The deed was executed and delivered on the 11th of October; the bond not until the 28th. The deed was made by Danford Jewell and Betsey Jewell, the tenants ; the bond…
2Cases cited1 opinion
- Boardman v. RoeMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Davisson v. SmithWest Virginia Supreme Court · 1906