Thayer v. Smith
Cases that cite this one
10 later published cases cite this decision.
- Fletcher v. Cary (Mass. 1870)
- Chase v. Marston (Me. 1877)
- Bailey v. Myrick (Me. 1861)
- Howard v. Handy (N.H. 1857)
- Bennett v. Conant (Mass. 1852)
- Swift v. Mendell (Mass. 1851)
- Swift v. Mendell (Mass. 1851)
- Shapley v. Rangeley (U.S. Circuit Court for the District of Maine 1846)
- Botham v. M'Intier (Mass. 1837)
- Boyd v. Shaw (Me. 1836)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A bare entry, although in the presence of witnesses, is not sufficient for the purpose of foreclosing an equity of redemption. The entry must be open, and peaceable, and actual posses
The memorandum placed upon the record can make no difference. As it is not required by law to be recorded, the mortgagor had no reason to inquire at the registry for it. Nothing short of actual notice to the mortgagor will supply the want of a continued possession. The demandants having shown no legal right to the demanded premises, the tenant is entitled to
Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.