Roberts v. Whiting
Massachusetts Supreme Judicial Court
This was entry sur disseisin, and came before the Court upon the following statement made by the parties. “ It is agreed that Barnabas Barker, father of Ann Whiting, wife of the tenant, died in the year 1798, leaving a will, whereby he devised one half of his dwelling-house, and one half of all his other real estate, to his wife Elizabeth Barker during her lifewith permission, if necessary, with the advice and consent of J. Kettell and A. Tufts, joint executors with herself,…
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This was entry sur disseisin, and came before the Court upon the following statement made by the parties. “ It is agreed that Barnabas Barker, father of Ann Whiting, wife of the tenant, died in the year 1798, leaving a will, whereby he devised one half of his dwelling-house, and one half of all his other real estate, to his wife Elizabeth Barker during her lifewith permission, if necessary, with the advice and consent of J. Kettell and A. Tufts, joint executors with herself, to sell so much of the real estate as might be sufficient to supply her necessities, and * render her situation…
1Opinion of the CourtParker, C. J.
The demand-ant claiming the land in question by virtue of a judgment against the tenant, and an execution pursuant thereto, levied upon the same as the tenant’s estate; the tenant cannot under the issue deny the demandant’s title. If the estate was the tenant’s, the levy being regular, it passed to the demandant; if the estate was not his, he has no interest which entitles him to contest the demandant’s claim.
If he intended to defend the right of his son, as heir to his grand father, he should have pleaded a special non-tenure, and set up the right of his child.
That right will not be barred…
2Cited by8 opinions
- Tong v. MarvinMichigan Supreme Court · 1866
- Higbee v. RiceMassachusetts Supreme Judicial Court · 1809
- Chapman v. GrayMassachusetts Supreme Judicial Court · 1819
- McConihe v. SawyerSuperior Court of New Hampshire · 1841
- Sturdivant v. FrothinghamSupreme Judicial Court of Maine · 1833
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