Emerson v. Thompson
Massachusetts Supreme Judicial Court
Entry sur Disseizin. The demandant counts on his own seisin within twenty years, and on a disseisin by the tenants ; who plead the general issue, which is joined. At the trial of this issue, before Putnam, J., at the sittings here after the last November term, the demandant claimed title in virtue of the extent of an execution upon the demanded premises on the 30th of March, 1818, as the estate whereof John Harris died seised.
Read the full summary
Entry sur Disseizin. The demandant counts on his own seisin within twenty years, and on a disseisin by the tenants ; who plead the general issue, which is joined. At the trial of this issue, before Putnam, J., at the sittings here after the last November term, the demandant claimed title in virtue of the extent of an execution upon the demanded premises on the 30th of March, 1818, as the estate whereof John Harris died seised. The judgment, upon which the said execution issued, was recovered by the demandant against Richard D. Harris and Thomas Harris, administrators of the goods and estate…
1Opinion of the CourtJackson, J.
The land in dispute was part of the estate of John Harris, at the time of his decease, and of course charged with all the deb is that he then owed. His devise of it could not divest it of this charge or lien. The present demandant was one of his creditors, and has since re*357covered judgment for the debt, against his administrators de bonis non, and has levied his execution upon this land. The tenants claim under the devisee of the same John Harris. On this statement of the case, the demandant would be entitled to recover; and we have only to consider, whether any of the objections suggested by…
2Cases cited1 opinion
- Sullivan v. HolkerMassachusetts Supreme Judicial Court · 1819
3Cited by43 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- In re AllenMassachusetts Supreme Judicial Court · 1818
38 more not listed; retrieve them via the Exa API.