Brigham v. Hunt
Massachusetts Supreme Judicial Court
Writ of entry, dated June SO, 1888, to recover certain parcels of land. Plea nul disseisin. At the trial in the Superior Court, without a jury, before Mason,. J., the following facts were admitted. The demandant conveyed the premises to the tenant by a deed dated February 5, 1887, and the tenant had received the rents and profits of the demanded premises since that date.
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Writ of entry, dated June SO, 1888, to recover certain parcels of land. Plea nul disseisin. At the trial in the Superior Court, without a jury, before Mason,. J., the following facts were admitted. The demandant conveyed the premises to the tenant by a deed dated February 5, 1887, and the tenant had received the rents and profits of the demanded premises since that date. The demandant died on July 5, 1888, intestate, leaving heirs, and subsequently one Bridges, having been appointed the administrator of his estate, suggested the death of the demandant upon the record, and moved that he be…
1Opinion of the CourtKnowlton, J.
The only question presented by this bill of exceptions is whether, under our statutes, an administrator of a deceased demandant in a writ of entry can appear and prosecute the action for the sole purpose of recovering a judgment for the rents and profits of the premises received by the tenant during the lifetime of the demandant.
At the common law, upon the decease of the demandant in a real action, the writ was abated. Quits v. Haskins, 11 Mass. 56. The right of the successor to the title to appear and prosecute such an action, after the death of the demandant, is strictly statutory. Heirs or…
2Cases cited2 opinions
- Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Barrell v. BrittonMassachusetts Supreme Judicial Court · 1927
- Purcell v. PurcellMassachusetts Supreme Judicial Court · 1919
- Stockwell v. ShalitMassachusetts Supreme Judicial Court · 1910
- Neelen v. HolzhauerWisconsin Supreme Court · 1927
- Patrick v. DunbarMassachusetts Supreme Judicial Court · 1937
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