Runey v. Edmands
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the said Raney Al. demanded of the tenant a moiety of a certain messuage and land in Charlestown; counting on their own seisin within one year, and on a disseisin by the tenant.
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This was a writ of entry, in which the said Raney Al. demanded of the tenant a moiety of a certain messuage and land in Charlestown; counting on their own seisin within one year, and on a disseisin by the tenant. Trial was had, upon the general issue, before Putnam, J., at the sittings here after the last October term ; when it was proved that the premises belonged to Thomas Capen, deceased ; that at his death the premises were assigned to his daughter Mary, in 1767, she paying £26 to the other heirs for equality of partition. She was then the wife of John Edmunds, who paid the £26 to the…
1Opinion of the CourtParker, C. J.
The first point insisted on, by the counsel for the tenant, is that her husband, John Edmands, became seised in fee of one fourth part of the premises on the death of his son John, in 1777, unmarried, and under age. At the trial of the cause it was ruled by the judge that, by virtue of the provincial act of 4 Will. Of Mar., (1) the portion of John in the estate of his mother came to his surviving brother and sisters, and not to his father.
This decision of the judge is clearly within the letter of the statute; for in the proviso of the first section, it is enacted that, “ if any of the…
2Cases cited5 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Stark's Heirs v. CannadyCourt of Appeals of Kentucky · 1823
- Storer v. BatsonMassachusetts Supreme Judicial Court · 1812
3Cited by9 opinions
- Veeder v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1901
- Knox v. HookMassachusetts Supreme Judicial Court · 1815
- Newhall v. SaddlerMassachusetts Supreme Judicial Court · 1821
- Clarke v. HiltonSupreme Judicial Court of Maine · 1883
- Stitt v. BushOregon Supreme Court · 1892
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