Newhall v. Pierce

Massachusetts Supreme Judicial Court

Newhall v. Pierce

22 Mass. 450

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1827

StatusPublished

This text of 22 Mass. 450 (Newhall v. Pierce) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newhall v. Pierce, 22 Mass. 450 (Mass. 1827).

Pincite

Opinion

Per Curiam.

It is not necessary to decide whether the deed and bond constituted a mortgage ; for if they did as between the plaintiff and Nehemiah Newhall, they bad not that operation in regard to third persons, as the bond was not recorded. The statute .is clear, that a bond of defeasance must be put upon record in order to prevent an attachment.¹ The single fact that the plaintiff was in possession, will not justify an inference that the defendants had notice of the bond, the plaintiff having been the original owner of 'the land.

Plaintiff nonsuit.

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Per Curiam.

It is not necessary to decide whether the deed and bond constituted a mortgage ; for if they did as between the plaintiff and Nehemiah Newhall, they bad not that operation in regard to third persons, as the bond was not recorded. The statute .is clear, that a bond of defeasance must be put upon record in order to prevent an attachment.¹ The single fact that the plaintiff was in possession, will not justify an inference that the defendants had notice of the bond, the plaintiff having been the original owner of 'the land.

Plaintiff nonsuit.

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Bluebook (online)

22 Mass. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newhall-v-pierce-mass-1827.