Chase v. Gates
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J. Assumpsit, by the indorsee against the maker of a promissory note of $250, dated in 1846. One Sanborn, after having mortgaged real estate to Moor, conveyed the same by warranty deed to Herring. Herring conveyed it to H. Bradbury, taking back a mortgage for the purchase money. H. Bradbury then conveyed by warranty to J. Bradbury.
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On Report from Nisi Prius, Tenney, J. Assumpsit, by the indorsee against the maker of a promissory note of $250, dated in 1846. One Sanborn, after having mortgaged real estate to Moor, conveyed the same by warranty deed to Herring. Herring conveyed it to H. Bradbury, taking back a mortgage for the purchase money. H. Bradbury then conveyed by warranty to J. Bradbury. In order to foreclose the first named mortgage, Moor entered upon the land in 1838, by the written consent of J. Bradbury, and in 1843, assigned his mortgage, with quitclaim of the land, to the plaintiff, who in 1846, conveyed the…
1Opinion of the CourtHoward, J.
— Sanborn having mortgaged the premises to Moor, in 1835, subsequently conveyed them, by deed of warranty, to Herring, who conveyed to H. Bradbury, and took from him a mortgage to secure the consideration for the conveyance. H. Bradbury conveyed with covenants of warranty to J. Bradbury in 1837. In order to foreclose his mortgage, under the provisions of the statute of 1821, chap. 39, sect. 1, Moor, in 1838, procured J. Bradbury’s consent in writing to an entry for that purpose. The statute provided that the .entry to foreclose should be “ by process of law, or by the consent in writing of…
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