Burghardt v. Turner
Massachusetts Supreme Judicial Court
Writ of entry ; in which the demandant claims one fourth of two fifths of 22J acres of land situate in Great Barrington, being part of 100 acres laid out to the original right of Coon-rod Burghardt. The declaration alleges that Lambert Burghardt, the father of the demandant, was seised of the land within thirty years, and was disseised by John Whiting ; and that the right descended to the demandant as son and heir of Lambert.
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Writ of entry ; in which the demandant claims one fourth of two fifths of 22J acres of land situate in Great Barrington, being part of 100 acres laid out to the original right of Coon-rod Burghardt. The declaration alleges that Lambert Burghardt, the father of the demandant, was seised of the land within thirty years, and was disseised by John Whiting ; and that the right descended to the demandant as son and heir of Lambert. The tenant pleads that Whiting did not disseise Lambert. At the trial, before Morton J., the demandant offered in evidence an original proprietors’ book, containing a…
1Per curiam
The first question is, whether the copy of a registered deed from Coonrod Burghardt to his sons Peter and Jacob, was rightly admitted in evidence. The Court are of opinion that it was. The deed was made in 1746, to a common ancestor, and there is no reason why the original should be in the hands of one heir rather than another. In England there is no registry, and the muniments accompany the title and may usually be produced by the party having the title. A different rule prevails in this Commonwealth. From the earliest times deeds have here been recorded, and a copy from the registry has in…
2Cases cited3 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Martin v. SmithSupreme Court of Pennsylvania · 1812
- Snyder v. BowmanSupreme Court of Pennsylvania · 1835