Gray v. Jenks
U.S. Circuit Court for the District of Maine
Writ of entry. — The cause was argued on special pleadings, setting up a defence, that the suit was brought on a satisfied mortgage.
1Opinion of the Court
STORY, Circuit Justice.
This is a writ of entry sur disseisin in common form. The pleading's, upon which at present X shall no't stop to comment, set up as a principal bar to the recovery, that the title of the demand-ant is solely founded upon a sat'sfied mortgage, the demandant being mortgagee, and the tenants, heirs or privies in estate of the mortgagor. It is unnecessary to consider, whether the mortgagee, after condition broken, can maintain a general writ of entry sur disseisin, if the fact is specially pleaded in bar of the action. The early decision in the negative (Erskine v.…
2Cases cited12 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Runyan v. MersereauNew York Supreme Court · 1814
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
9 more not listed; retrieve them via the Exa API.