Mitchel v. Lunt
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, “ wherein the said Robert, an infant, who sues this action by W. B., his next friend, demands against the said Enoch a certain tenement and land described, with the appurtenances; whereupon the said Robert, by his said next friend, complains, and says that Robert Mitchel, father to the demand-ant, was seised of the demanded premises within thirty years last past, in his demesne as of fee and right, taking the profits thereof to the…
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This was a writ of entry sur disseisin, “ wherein the said Robert, an infant, who sues this action by W. B., his next friend, demands against the said Enoch a certain tenement and land described, with the appurtenances; whereupon the said Robert, by his said next friend, complains, and says that Robert Mitchel, father to the demand-ant, was seised of the demanded premises within thirty years last past, in his demesne as of fee and right, taking the profits thereof to the value of one hundred dollars by the year, and that the said Enoch, within the time aforesaid, and in the lifetime of the…
1Opinion of the CourtSedgwick, J.
To subject lands to be taken in such case would open a great door for fraud. Whenever a person saw fit to inter-meddle with the estate of an intestate, he might cause the heirs at law to be stripped of their inheritance.
*576The provision of the statute of 1783, c. 32, authorizing the extent of executions against executors and administrators upon the lands of a deceased testator or intestate, has been cited, and it has been argued that this provision may extend to the case of executors de son tort. Although the real estate of deceased debtors was made liable for the payment of their debts as early…
2Cited by14 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- In re the Estate of LalakeaHawaii Supreme Court · 1922
- Nass v. VanswearingenSupreme Court of Pennsylvania · 1821
- Ward v. BevillSupreme Court of Alabama · 1846
- Thayer v. WendellU.S. Circuit Court for the District of Massachusetts · 1812
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