Deacons of the Congregational Church in Auburn v. Walker
Massachusetts Supreme Judicial Court
Writ of entry, dated August 11, 1876, to foreclose a mortgage of four parcels of land in Oxford. Plea, mil disseisin as to a part of the fourth parcel, and a disclaimer of title as to the residue.
Read the full summary
Writ of entry, dated August 11, 1876, to foreclose a mortgage of four parcels of land in Oxford. Plea, mil disseisin as to a part of the fourth parcel, and a disclaimer of title as to the residue. The case was submitted to the Superior Court, on an agreed statement of facts in substance as follows: The only question was whether a mortgage, given to the demandants by the tenants’ ancestor, E. B. Walker, conveyed, either as parcel or by any implication of grant, the tract in dispute, consisting of a piece of land about eight or nine rods square, on which were a water-mill, containing machinery,…
1Opinion of the CourtSoule, J.
The mortgage under which the demandants claim was dated June 15,1871, and contains the following description: “Also conveying as aforesaid one other farm, situated in the northerly part of Oxford, known as the ‘ Trumble Place,’ together with all the buildings thereon, including mills, waterpower, machinery and fixtures belonging thereto, and all the privileges and appurtenances belonging to said estate, being the same estate which was conveyed to me by Martha J. Swain, by her deed bearing date Jan. 13th, 1870, and recorded in the Registry of Deeds for the county of Worcester, book 810, page…
2Cases cited1 opinion
- Hastings v. HastingsMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Cowden v. CuttingMassachusetts Supreme Judicial Court · 1959
- Daniels v. Citizens' Savings InstitutionMassachusetts Supreme Judicial Court · 1879
- Sherwood v. WhitingSupreme Court of Connecticut · 1887
- Smith v. ThayerMassachusetts Supreme Judicial Court · 1891
- Ball v. StreeterMassachusetts Supreme Judicial Court · 1916