White v. Bond
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, and was submitted to the opinion of the Court upon the following facts agreed by the parties. The demanded premises were the property of one Jonas II Bartlet, who conveyed them, with other lands, to the State Bank, as collateral security for the payment of a sum of money.
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This was a writ of entry sur disseisin, and was submitted to the opinion of the Court upon the following facts agreed by the parties. The demanded premises were the property of one Jonas II Bartlet, who conveyed them, with other lands, to the State Bank, as collateral security for the payment of a sum of money. In March, 1817, the demandant caused the premises to be attached as Bartlet’s on mesne process; and within thirty days after the recovery of judgment, caused his execution to be extended thereon by appraisement, the appraisers having no regard to the encumbrance, and making no…
1Opinion of the CourtParker, C. J.
The objection to the demandant’s title is, that, at the time his execution was *333extended upon the land of Bartlet, the debtor, it was under mort gage, and therefore not capable of being extended upon in satisfac tian of an execution.
In the case of Warren vs. Childs, cited, in the argument, a doubt is expressed by Chief Justice Sewall, whether the provision by statute for the sale upon execution of rights in equity to redeem mortgaged land did not supersede the levy by extent and appraisement. He, however, seems to admit that this mode may be pursued, if the land be appraised without any…
2Cited by20 opinions
- Calvert v. BradleySupreme Court of the United States · 1854
- Warren v. ChildsMassachusetts Supreme Judicial Court · 1814
- Crosby v. ChaseSupreme Judicial Court of Maine · 1840
- Cowles v. DickinsonMassachusetts Supreme Judicial Court · 1886
- Forster v. MellenMassachusetts Supreme Judicial Court · 1813
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