Marshall v. Fisk
Massachusetts Supreme Judicial Court
This was an action of trespass guare clausum fregit. The defendant pleaded in bar, that Jonathan Williams and Charles Williams, at the time when, &c., were seised in fee simple of an undivided moiety of the locus in quo, and that he, as the servant of the said Jonathan and Charles, and by their command, entered, &c-The plaintiff traversed that seisin, and tendered an issue to the country, which was joined ; and upon a trial before Parker, J., at the last November term in…
Read the full summary
This was an action of trespass guare clausum fregit. The defendant pleaded in bar, that Jonathan Williams and Charles Williams, at the time when, &c., were seised in fee simple of an undivided moiety of the locus in quo, and that he, as the servant of the said Jonathan and Charles, and by their command, entered, &c-The plaintiff traversed that seisin, and tendered an issue to the country, which was joined ; and upon a trial before Parker, J., at the last November term in this county, a verdict was found for the defendant. From the report of the judge, who sat at the trial, the following facts…
1Opinion of the CourtParsons, C. J.
Two objections have been made to the direction of the judge, before whom this cause was tried ; — that the deed from Adams to Spaulding and Foster, not having been acknowledged nor recorded, no estate passed by it; and if any estate passed, it must have been by way of use, which was determined by the cancelling of the deed by the grantor on its redelivery to him.
The first objection was endeavored to be supported by the fourth section of the statute of 1783, c. 37, § 4. By this section it is enacted “ that all conveyances of land signed and sealed by the grantor, having right to convey,…
2Cases cited2 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
3Cited by57 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Horton v. SledgeSupreme Court of Alabama · 1856
- Parker v. KaneWisconsin Supreme Court · 1856
- Baker v. WestcottTexas Supreme Court · 1889
52 more not listed; retrieve them via the Exa API.