Crouch v. Eveleth
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseizin, brought by the demandants in right of the said Elizabeth, to recover two parcels of land situate in Stow, in this county ; and they counted upon their own seizin within thirty years in her right, and alleged a disseizin by the tenant. The action was tried here on the general issue before Jackson, J., "November term, 1813, and a verdict taken for the demandants, subject to the opinion of the Court upon the following case.
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This was a writ of entry sur disseizin, brought by the demandants in right of the said Elizabeth, to recover two parcels of land situate in Stow, in this county ; and they counted upon their own seizin within thirty years in her right, and alleged a disseizin by the tenant. The action was tried here on the general issue before Jackson, J., "November term, 1813, and a verdict taken for the demandants, subject to the opinion of the Court upon the following case. In 1775, one Joseph Skinner was seized in fee of the demanded premises, and died so seized on the 22d of September, in that year. •The…
1Opinion of the CourtParker, C. J.
The tenant defends under a conveyance from one Jonathan Wood, who claimed to act under a license from the Court of Common Pleas, granted in March, 1785, upon an application made to that Court by the administratrix of the estate of Joseph Skinner.
The statute of 1783, c. 32, which authorizes the Courts to grant licenses to executors and administrators to sell the estates of deceased debtors, gives no authority to appoint any stranger to execute that duty. The title set up by the tenant is a statute title, and must be acquired pursuant to the * statute. The [*505] heir at law can be divested only in…
2Cited by4 opinions
- Pitts v. . CongdonNew York Court of Appeals · 1849
- Cummings v. LittleSupreme Judicial Court of Maine · 1858
- Converse v. CookNew York Supreme Court · 1881
- Deck v. WorksNew York Supreme Court · 1879