Butler v. Stevens
Supreme Judicial Court of Maine
Writ of Entry, declaring upon a mortgage of land in Newfield. Nathaniel Stevens, the tenant, was admitted to have been once the owner of the demanded premises.
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Writ of Entry, declaring upon a mortgage of land in Newfield. Nathaniel Stevens, the tenant, was admitted to have been once the owner of the demanded premises. At the trial before Shepley J. it appeared in evidence on the part of the demandant, that Stevens, on Feb. 11, 1839, conveyed the demanded premises to Edwin Brown, by an absolute deed; that on Feb. 21, 1840, Brown made a mortgage of the same premises to Rowe, to secure the payment of certain • notes; that on March 2, 1842, Rowe assigned the mortgage and notes to C. N. Cogswell; that on Feb. 19, 1845, Cogswell having deceased, his…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
A default has been entered in this case, under an agreement, if the plaintiff is not entitled to recover *489upon the facts reported by the Judge who presided at the trial, that the default shall be taken off, and a nonsuit entered. The plaintiff claims as the assignee of a mortgage, made by Edwin Brown to one Rowe, and assignment thereof to him ; and a deed in fee by the defendant to said Brown, duly recorded. This makes out a prima facie case for the plaintiff'.
The defendant then exhibited a mortgage of the premises from said Brown to him, and…
2Cited by12 opinions
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Oliver v. SanbornMichigan Supreme Court · 1886
- Holmes v. StoutNew Jersey Court of Chancery · 1855
- Brown v. ManterSuperior Court of New Hampshire · 1851
- Federman v. Van AntwerpMichigan Supreme Court · 1936
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