Brigham v. Winchester
Massachusetts Supreme Judicial Court
Writ of entry to recover a tract of land in Southborough, called the Bellows farm. The demandants were the heirs at law of Alpheus Fay, and claimed title by descent from him.
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Writ of entry to recover a tract of land in Southborough, called the Bellows farm. The demandants were the heirs at law of Alpheus Fay, and claimed title by descent from him. The tenant claimed title as devisee of said Fay. . - At the trial, before Dewey, J. it appeared that Ebenezer Bellows, on the 26th of March, 1814, mortgaged the'demanded premises to said Fay, to secure payment of certain promissory notes ; and that said Fay, on the 23d of August, 1823, entered upon said premises for condition broken, and, under said entry, foreclosed the mortgage. On the 28th of April, 1823, said Fay…
1Opinion of the CourtDewey, J.
The demandants claim as heirs at law of Alpheus Fay, and their right as such to recover their proportionate share of the demanded premises is undoubted, unless the came have passed to the tenant as residuary devisee under the will t.J said Fay. The terms of the devise are quite sufficient to pass all the undevised property which said Fay then possessed, being *391a devise to the tenant, his heirs and assigns, of all the rest and residue of said Fay’s estate real, personal and mixed. Under this devise, the notes of Bellows, which Fay then held, and also the mortgage given to secure payment of the…
2Cases cited3 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Smith v. DyerMassachusetts Supreme Judicial Court · 1819
- Bates v. Weymouth Iron Co.Massachusetts Supreme Judicial Court · 1851