Pernam v. Wead
Massachusetts Supreme Judicial Court
In a writ of entry sur disseisin, the demandant declared on his own seisin, and on a disseisin by the tenant. The tenant claimed under a levy of an execution extended upon the demandant’s land, issued upon a judgment recovered against him by one Edmund Sawyer.
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In a writ of entry sur disseisin, the demandant declared on his own seisin, and on a disseisin by the tenant. The tenant claimed under a levy of an execution extended upon the demandant’s land, issued upon a judgment recovered against him by one Edmund Sawyer. On the trial, which was had before Sewall, J.“, at the sittings here after the last November term, upon the general issue, the only question in dispute was, whether the land, which the tenant claimed to hold, was included within the bounds of the land, on which the execution was extended. Upon the evidence, the judge was of opinion with…
1Opinion of the Court
* Parsons, C. J.
Upon considering the facts in this [* 133] case, we have no doubt as to the motion. It must prevail, and a new trial be granted. When the facts were agreed by the parties, or proved at the trial, the result was a mere conclusion of law. And on these points the law has been long settled.
When the boundaries of land are fixed, known, and unquestion able monuments, although neither courses, nor distances, nor the computed contents, correspond, the monuments must govern. With respect to courses, from errors in surveying instruments, variation of the needle, and other causes,…
2Cited by24 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Docter v. HellbergWisconsin Supreme Court · 1886
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Percival v. ChaseMassachusetts Supreme Judicial Court · 1903
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