Hathaway v. Valentine
Massachusetts Supreme Judicial Court
This was an ejectment, brought to recover possession of a certain messuage in Bristol county. The demandant counted on a seisin of his intestate; and that Valentine had unjustly entered, and now held him out from administering the same according to law. To this declaration there was a general demurrer and joinder at the last October term at Taunton, and the cause was continued nisi unto this term for advisement
1Opinion of the Court
*429And now the Court were fully of opinion that the declaration could not be sustained; the majority of the Court inclining to think it bad, because it was not alleged that the personal estate of the intestate was insufficient to pay the debts, &c. But Cushing, C. J., was clearly of opinion that an administrator could not maintain any real action, unless it was to foreclose a mortgage; and this, he said, had been frequently ruled in the superior court; particularly in an ejectment decided at Boston, February term, 1758, before Sewall, C. J., Lynde, Cushing, Russell, and Oliver, justices, between…
2Cited by1 opinion
- Caverly v. SimpsonMassachusetts Supreme Judicial Court · 1882