Porter v. Millet
Massachusetts Supreme Judicial Court
Entry sur disseisin. Samuel Porter demands possession of certain lands in Freeport, in this county, described in his writ, alleging that he became seised thereof in the following manner, viz.: That the tenant, Thomas Millet, on the 6th day of May, 1805, being seised of the demanded premises in his demesne as of fee, conveyed the same, by his deed of bargain and sale, in consideration of 130 dollars, to one Jacob Johnson, who, on the same day, executed and delivered to the…
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Entry sur disseisin. Samuel Porter demands possession of certain lands in Freeport, in this county, described in his writ, alleging that he became seised thereof in the following manner, viz.: That the tenant, Thomas Millet, on the 6th day of May, 1805, being seised of the demanded premises in his demesne as of fee, conveyed the same, by his deed of bargain and sale, in consideration of 130 dollars, to one Jacob Johnson, who, on the same day, executed and delivered to the tenant a bond in the penal sum of 260 dollars, with condition to reconvey the premises, recited therein to have been…
1Opinion of the CourtParker, J.
Several objections have been taken to the verdict which was returned for the demandant.
It was insisted, in the first place, that by the transactions reported by the judge, the demandant did not acquire a legal seisin of the *98land, so that he can maintain an action for the possession; but only a right in equity, to be enforced- by bill.
But this point was settled on full consideration in the case of Willington vs. Gale. (1) In that case, it was determined that a sheriff’s sale of an equity, and his deed pursuant thereto, gave the purchaser a seisin of the land against any stranger who might be…
2Cases cited2 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
3Cited by16 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Dameron v. . CarpenterSupreme Court of North Carolina · 1925
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