Hill v. More
Supreme Judicial Court of Maine
On Report from Nisi Prius, Rice, J., presiding. Writ oe Entry. Nul disseizin was pleaded. The demandant claimed the premises in fee, and to support her title, introduced a mortgage deed of the premises from Ebenezer H. Ayer to Mark Hill, dated March 24, 1844, with the note mentioned in the condition, also a published notice of the foreclosure of the same by said Hill.
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On Report from Nisi Prius, Rice, J., presiding. Writ oe Entry. Nul disseizin was pleaded. The demandant claimed the premises in fee, and to support her title, introduced a mortgage deed of the premises from Ebenezer H. Ayer to Mark Hill, dated March 24, 1844, with the note mentioned in the condition, also a published notice of the foreclosure of the same by said Hill. She also proved that Mark Hill died in April, 1848, and offered, in evidence, a copy of liis last will and testament, in which was a devise to demandant of all his real estate in the county of Cumberland, (the premises were then…
1Opinion of the Court
Appleton, J,
On March 17, 1835, E. H. Ayer conveyed the demanded premises to True Woodman, in mortgage, to secure the performance of a bond or contract he had given to said Woodman,,conditioned to support him and his wife during their natural lives, and to do and perform certain other things therein specified. On Eeb. 15, 1845, True Woodman entered to foreclose his mortgage for condition-broken. The defendant offered to prove, if admissible, and of the admissibility of this evidence there can be no question, that Ayer had broken the conditions of his bond in several particulars, before the…
2Cases cited3 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Hill v. PaysonMassachusetts Supreme Judicial Court · 1801
- Givan v. DoeIndiana Supreme Court · 1844
3Cited by4 opinions
- Mitchell v. DoughertyCourt of Appeals for the Third Circuit · 1898
- Sanford v. Commercial Travelers' Mut. Acc. Ass'n of AmericaNew York Supreme Court · 1895
- Trott v. City Ins. Co.U.S. Circuit Court for the District of Maine · 1860
- Chicago M. & St. P. Ry. Co. v. StewartU.S. Circuit Court for the District of Minnesota · 1883