Legal Opinion

Brown v. Staples

Supreme Judicial Court of Maine

Decided May 15, 1848PublishedCited by 8 opinions

This . was a petition for a writ of review, of the action, Peter Staples v. Horace Brown. That was a writ of entry, declaring upon two mortgages, one by Elliot Staples to John Welles, July 7, 1825, and the other by Winthrop Allen to Peter Staples, June 26, 1841. The conditional judgment was rendered for the amount due on both mortgages, and the petitioner for the review contends, that the judgment should have been rendered only for the amount due on the latter mortgage.

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This . was a petition for a writ of review, of the action, Peter Staples v. Horace Brown. That was a writ of entry, declaring upon two mortgages, one by Elliot Staples to John Welles, July 7, 1825, and the other by Winthrop Allen to Peter Staples, June 26, 1841. The conditional judgment was rendered for the amount due on both mortgages, and the petitioner for the review contends, that the judgment should have been rendered only for the amount due on the latter mortgage. The review sought was for the purpose of correcting that supposed error. ' The facts were to be ascertained, by a reference…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

— The original action was commenced upon two conveyances in mortgage of the premises described. A conditional judgment was rendered for the amount due upon both the mortgages. By the agreed statement it appears, that John Welles, on July 7, 1825, conveyed the premises to Elliot Staples, who at the same time reconveyed the same to Welles in mortgage, to secure the payment of his notes given for the purchase money. On June 2, 1837, Elliot Staples conveyed the same to Peter Staples, who on May 6, 1841, conveyed the same by a deed containing a…

2Cases cited4 opinions

  1. Beddoe's v. WadsworthNew York Supreme Court · 1839
  2. Young v. TriplettCourt of Appeals of Kentucky · 1824
  3. Watts v. WelmanSuperior Court of New Hampshire · 1822
  4. Chase v. WestonSuperior Court of New Hampshire · 1841

3Cited by8 opinions

  1. City of Birmingham v. GrahamSupreme Court of Alabama · 1918
  2. Johnson v. JohnsonSupreme Court of Missouri · 1902
  3. Resser v. CarneySupreme Court of Minnesota · 1893
  4. Gill v. FerrinSupreme Court of New Hampshire · 1902
  5. Merritt v. ByersSupreme Court of Minnesota · 1891

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