Legal Opinion

Boylston v. Carver

Massachusetts Supreme Judicial Court

Decided November 15, 1808PublishedCited by 14 opinions

This was a writ of entry, and was tried upon the general issue before Parker, J., at the sittings after the last October term in this county.

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This was a writ of entry, and was tried upon the general issue before Parker, J., at the sittings after the last October term in this county. The report of the judge states that the demandant counted on his own seisin as administrator of the goods and estate of Thomas Boylston, late of the city of London, merchant, deceased, to recover seisin of certain lands in Weston, in this county, which were a part of the real estate, of which Moses Gill, late of Princeton, Esquire, died seised, and which had been appraised and set off to the demandant in part satisfaction *of an execution [*599] issued…

1Opinion of the Court

The action was then continued nisi, and at the following March *533term at Boston, the opinion of the Court (except the Chief Justice, who did not sit in the cause) was delivered as follows by

Parker, J.

This action is brought to recover seisin and possession of the lands described in the writ, which were set off by the sheriff to the demandant, and seisin delivered to him in part satisfaction of an execution, which issued on a judgment recovered by him in this Court, August terzn, 1804, in his capacity of administrator de bonis non, with the will annexed of Thomas Boylston, against the estate of…

2Cited by14 opinions

  1. Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
  2. Willard v. NasonMassachusetts Supreme Judicial Court · 1809
  3. Ramsdell v. CreaseyMassachusetts Supreme Judicial Court · 1813
  4. Underhill v. GibsonSuperior Court of New Hampshire · 1821
  5. Hubbard v. UrtonU.S. Circuit Court for the District of Nevada · 1895

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