Freeman v. Paul
Supreme Judicial Court of Maine
In this case, which was a bill in equity to redeem an estate mortgaged, the principal facts were as follows. The premises were originally mortgaged on the 18th day of .May 1814, by Peter and Theodore Littlefield, who were tenants in common, to Samuel Luni and Jeremiah Paul, to secure a joint debt of both the mortgagors, for the sum of four hundred dollars, due in six months with interest.
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In this case, which was a bill in equity to redeem an estate mortgaged, the principal facts were as follows. The premises were originally mortgaged on the 18th day of .May 1814, by Peter and Theodore Littlefield, who were tenants in common, to Samuel Luni and Jeremiah Paul, to secure a joint debt of both the mortgagors, for the sum of four hundred dollars, due in six months with interest. Afterwards, July 16, 1816, their right inequity of redemption was sold to Edward A. Emerson, at a sheriff’s sale, in due course of law, by Mr. Paul, the defendant, who was a deputy sheriff, to satisfy two…
1Opinion of the Court
The cause being continued nisi, the opinion of the Court was delivered at the ensuing Jlugusl term in Oxford by
MelleN C. J.
If the coroner’s return speaks the truth as to the time when seisin and possession was delivered to the mortgagees, then the tender’was made in due season; being within three years next following the date of the return. For the purpose of being relieved from the effect of the return, as it now stands, the counsel for the defendant has moved for leave to the officer who made it to amend it, by inserting July 13, 1818, as the day when seisin and possession were in fact…
2Cases cited3 opinions
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1816
- Denn ex dem. Demarest v. WynkoopNew York Supreme Court · 1811
3Cited by3 opinions
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- Losleben v. LoslebenSupreme Court of Minnesota · 1937