Pitts v. Farnum
Massachusetts Supreme Judicial Court
This was a writ of entry, brought against Welcome Farnum and Francis Deane, Jr., to recover an undivided part of two several tracts of land, situated in Blackstone, formerly Mendon, in the county of Worcester, and called in the writ “ the Dexter Taft lot,” and “ the Canal lot.” At the trial before Fletcher, J., the demandant proved that Esek Pitts died seized of said tracts, and that he was one of said Esek’s children and heirs at law.
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This was a writ of entry, brought against Welcome Farnum and Francis Deane, Jr., to recover an undivided part of two several tracts of land, situated in Blackstone, formerly Mendon, in the county of Worcester, and called in the writ “ the Dexter Taft lot,” and “ the Canal lot.” At the trial before Fletcher, J., the demandant proved that Esek Pitts died seized of said tracts, and that he was one of said Esek’s children and heirs at law. The tenants pleaded the general issue, and alleged title in themselves, claiming under Esek Pitts, through the following line of title : — On the 1st of…
1Opinion of the CourtMetcalf, J.
The only material question in this case is, whether the deed from Esek Pitts’s administrators to Dan Hill conveyed the premises which the demandant now seeks to recover. Those administrators, with the written consent of the demandant, obtained a license from the probate court, to sell “ the whole of the real estate,” of said Pitts ; and they advertised for sale Pitts’s right in equity to redeem three mortgaged real estates, which were described, and which included the premises now demanded. Their deed to Hill was drawn in very peculiar terms of description. It purported to convey to him, “…
2Cases cited1 opinion
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Hall v. PriestMassachusetts Supreme Judicial Court · 1856
- Abbott v. Essex Co.U.S. Circuit Court for the District of Massachusetts · 1854