Stokes v. Dawes
U.S. Circuit Court for the District of Massachusetts
Writ of entry sur disseisin of the demand-ant. Plea, nul disseisin. ■ At the trial the demandant claimed title to the premises as follows: One Benjamin Stokes died seised of the premises in 1756, leaving a daughter, Rebecca Stokes, his heir at law, who died afterwards, in 1765, as the demandant alleged, without any lawful heirs.
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Writ of entry sur disseisin of the demand-ant. Plea, nul disseisin. ■ At the trial the demandant claimed title to the premises as follows: One Benjamin Stokes died seised of the premises in 1756, leaving a daughter, Rebecca Stokes, his heir at law, who died afterwards, in 1765, as the demandant alleged, without any lawful heirs. Benjamin Stokes made a will in 1749, which was admitted to probate in 1757, and gave his estate to his said daughter and appointed William Payne and Daniel Gould his executors. There was a clause in the will, by which a limited control seemed to be given to the…
1Opinion of the Court
STORY, Circuit Justice,
in summing up to the jury, said: The inquest of office is un doubtedly evidence in this case of a very high nature; but I do not think it is conclusive evidence. To give it the latter effect, it would be necessary to show, that the tenant was a party or privy to that suit. It is true, that Joshua Bentley, one of the defendants in that case, is her father, but she does not claim this estate under him. On the contrary, if she has any title, it is one derived directly to her by devise from her grandfather, William Payne. Then it is said, that the demandants arc. at all…
2Cases cited2 opinions
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- M'Neil v. BrightMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- Union Land & Grazing Co. v. ArceNew Mexico Supreme Court · 1915
- Richmond Cedar Works v. PinnixDistrict Court, E.D. North Carolina · 1913
- Sands v. LynhamSupreme Court of Virginia · 1876
- Fielder v. PembertonTennessee Supreme Court · 1916
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