Dana v. Newhall
Massachusetts Supreme Judicial Court
This was a plea of land for one half of a farm in Pepperell, in this county, the demandant counting on his own seizin in fee and in mortgage within twenty years. The said Oliver Newhall pleaded non disseisivit, on which issue was joined. Ezekiel Newhall, the other tenant, was defaulted.
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This was a plea of land for one half of a farm in Pepperell, in this county, the demandant counting on his own seizin in fee and in mortgage within twenty years. The said Oliver Newhall pleaded non disseisivit, on which issue was joined. Ezekiel Newhall, the other tenant, was defaulted. At the trial of the said issue, which was bad at the sittings here after the last October term, before Putnam, J., the demandant, to maintain the issue on his part, produced a deed from the said Oliver to the said Ezekiel, conveying the demanded premises in fee with warranty, dated the 16th of March, 1805, and…
1Opinion of the CourtParker, C. J.
Without determining on the propriety of admitting evidence of the declarations of Ezekiel Newhall, tending to defeat the title of the demand-ant, derived directly from him, of which there is certainly reason to doubt; we all think the verdict clearly wrong. For, on the supposition that those declarations were competent evidence, they do not, of themselves, impeach the demandant’s title.
Oliver Newhall, the father, made his deed to Ezekiel Newhall, the son, and thus vested in him the title to the land. This title, thus created, could not be destroyed, to the prejudice of a bona, fide purchaser…
2Cited by5 opinions
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