Stevens v. Thissell
Massachusetts Supreme Judicial Court
Writ of entry to recover possession of three parcels of land in Beverly Farms and Manchester. Writ in the Land Court dated June 21, 1920. In the answer the tenants alleged “that the demandant has no title to the demanded premises and no right to the possession of the same, except by virtue of the foreclosure of a certain mortgage, procured by one Benjamin F. Bullard acting for and in behalf of the William M. Flanders Company by duress and threats of criminal prosecution and…
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Writ of entry to recover possession of three parcels of land in Beverly Farms and Manchester. Writ in the Land Court dated June 21, 1920. In the answer the tenants alleged “that the demandant has no title to the demanded premises and no right to the possession of the same, except by virtue of the foreclosure of a certain mortgage, procured by one Benjamin F. Bullard acting for and in behalf of the William M. Flanders Company by duress and threats of criminal prosecution and in condonation of an alleged crime of forgery.” The suit was sent to the Superior Court for trial upon three issues…
1Opinion of the CourtBraley, J.
The demandant’s title depends on the validity of the mortgage given by the tenant to Benjamin F. Bullard and assigned by him to the William M. Flanders Company, which foreclosed it, the demandant being the purchaser at the sale. The following issue to determine this question was framed by the Land Court and transmitted to the Superior Court for trial. St. 1904, c. 448, §§ 1, 8. G. L. c. 185, §§ 1, 15.' “Was a certain mortgage, alleged to have been given by Arthur P. Thissell and Mary E. Thissell to Benjamin F. Bullard, dated February 14, *5431918, and recorded with Essex South District Deeds,…
2Cases cited9 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Beacon Trust Co. v. SoutherMassachusetts Supreme Judicial Court · 1903
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jacques v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1923
- Wax v. McGrathMassachusetts Supreme Judicial Court · 1926
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Freeman v. TeelingMassachusetts Supreme Judicial Court · 1935
- Cappy's, Inc. v. DorganMassachusetts Supreme Judicial Court · 1943
4 more not listed; retrieve them via the Exa API.