Hayden v. Peirce
Massachusetts Supreme Judicial Court
Writ of entry, dated December 22, 1894, to recover a parcel of land in Cottage City. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The demandants produced and offered in evidence a promissory note, a mortgage deed of the demanded premises given to secure payment of the note, and a certificate of entry made upon the premises for the purpose of foreclosing the mortgage.
Read the full summary
Writ of entry, dated December 22, 1894, to recover a parcel of land in Cottage City. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The demandants produced and offered in evidence a promissory note, a mortgage deed of the demanded premises given to secure payment of the note, and a certificate of entry made upon the premises for the purpose of foreclosing the mortgage. The deed was given by Lydia W. Peirce to Hiram Hayden, and recited in the in testimonium clause that “ we, the said Lydia W.…
1Opinion of the CourtField, C. J.
This is a writ of entry tried by the court without a jury, on a plea of nul disseisin. The tenant was in possession, but whether as a mere intruder or under some claim of title does not appear. The demandants claimed title as heirs at law of Hiram Hayden, the mortgagee in a deed of mortgage given by Lydia W. Peirce, and under an entry by the mortgagee for breach of the condition of the mortgage.
The evidence recited in the exceptions seems to us sufficient to warrant the finding that both husband and wife signed the deed of mortgage, and that it was delivered to the grantee. See Lowd v.…
2Cases cited4 opinions
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
- Lowd v. BrighamMassachusetts Supreme Judicial Court · 1891
- Lawrence v. StrattonMassachusetts Supreme Judicial Court · 1850
3Cited by9 opinions
- McOuatt v. McOuattMassachusetts Supreme Judicial Court · 1946
- Bell v. SageCalifornia Court of Appeal · 1922
- Doyle v. American Fire InsuranceMassachusetts Supreme Judicial Court · 1902
- Fitchburg Co-operative Bank v. NormandinMassachusetts Supreme Judicial Court · 1920
- Higgins v. SavoieMassachusetts Supreme Judicial Court · 1934
4 more not listed; retrieve them via the Exa API.