Hannum v. Day
Massachusetts Supreme Judicial Court
Writ oe entry brought February 11, 1869, under the Gen. Sts. c. 102, §§ 12, 13,* against Samuel Day and Joseph S. Kingslev, by the administrators of the estate of Waitstill S. Pomeroy, to recover a parcel of land in Northampton. The case was tried in the superior court, before Dewey, J., who, with consent of the parties, reported it before verdict, for the determination of this court on facts which appear in the opinion.
1Opinion of the CourtMorton, J.
This is a writ of entry brought under the provisions of Gen. Sts. c. 102, §§ 12, 13. In an action of this nature the demandants do not claim upon the ground of any title in themselves. They can maintain it only by virtue of the power conferred on them by the law, and must show that they have pursued the directions of the statutes. If they were not legally licensed to sell land of their intestate for the payment of his debts, they cannot maintain this action. Verry v. McClellan, 6 Gray, 535.
It appears that both the demandants, Edson F. Hannum and Almira B. Pomeroy, were duly appointed and…
2Cited by14 opinions
- Melms v. PfisterWisconsin Supreme Court · 1884
- Cobb v. KemptonMassachusetts Supreme Judicial Court · 1891
- Thayer v. WinchesterMassachusetts Supreme Judicial Court · 1882
- Hale v. TylerU.S. Circuit Court for the District of Massachusetts · 1902
- Talbot v. BushMassachusetts Supreme Judicial Court · 1925
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