Dewey v. Brown
Massachusetts Supreme Judicial Court
Writ of right. The tenant pleaded in bar, that he was not tenant as of freehold ; but that one Holcomb was “ seised ” of a part of the messuage demanded, and demised the same to the tenant to be held by him as tenant at will, by virtue whereof he entered and became possessed as tenant at will; and that one E. Brown and one H. Brown were seised of the residue of the messuage in their demesne as of fee, and demised the same to the tenant to be held by him as tenant at will,…
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Writ of right. The tenant pleaded in bar, that he was not tenant as of freehold ; but that one Holcomb was “ seised ” of a part of the messuage demanded, and demised the same to the tenant to be held by him as tenant at will, by virtue whereof he entered and became possessed as tenant at will; and that one E. Brown and one H. Brown were seised of the residue of the messuage in their demesne as of fee, and demised the same to the tenant to be held by him as tenant at will, &c. The demandant demurred, first, because the plea was m bar and not in abatement; and secondly, because it did not…
1Opinion of the Court
*239The opinion of the Court was drawn up by
Parker C. J
It was decided in the case of Otis v. Warren, 14 Mass. R. 239, after a review of the authorities, that non-tenure may be pleaded in bar as well as in abatement. The reasons given in support of that decision apply as well to a special as to a general non-tenure, and no authority has been shown to justify the distinction taken in the argument between the two species of non-tenure. In either case the plea goes to defeat the action, and no new writ can be given in the plea, because the facts of the plea show that no action can be maintained…
2Cases cited1 opinion
- Otis v. WarrenMassachusetts Supreme Judicial Court · 1817