Legal Opinion

Cleaveland v. Boston Five Cents Savings Bank

Massachusetts Supreme Judicial Court

Decided June 25, 1880PublishedCited by 6 opinions

Writ of entry, dated June 2, 1877, to recover a parcel of land in Chelsea. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court on appeal, on the following agreed facts : The plaintiff claimed title to the demanded premises under a sale made on June 3,1876, by virtue of a writ of execution issued upon a judgment recovered on March 20, 1876, in the Superior Court for Suffolk County, in a suit by the plaintiff…

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Writ of entry, dated June 2, 1877, to recover a parcel of land in Chelsea. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court on appeal, on the following agreed facts : The plaintiff claimed title to the demanded premises under a sale made on June 3,1876, by virtue of a writ of execution issued upon a judgment recovered on March 20, 1876, in the Superior Court for Suffolk County, in a suit by the plaintiff against Elizabeth B. Howarth, in which suit a general attachment was made, on December 21, 1874, of the real estate of…

1Opinion of the CourtEndicott, J.

The demandant in this writ of entry brought an action, in December 1874, against Elizabeth B. Howarth on a written contract dated November 7, 1874, signed “ Elizabeth B. Howarth by C. O. Manny;” and .the demanded premises, the title to which then stood in the name of Elizabeth B. Howarth, were duly attached under a general attachment of all her real estate in the county of Suffolk. After the date of this contract, and before the action upon it was brought, she was married to Charles O. Manny;. but of this fact the demandant had no knowledge until after the entry of his action against her. The…

2Cases cited4 opinions

  1. Sykes v. KeatingMassachusetts Supreme Judicial Court · 1875
  2. Inhabitants of West Roxbury v. MinotMassachusetts Supreme Judicial Court · 1874
  3. Ouimet v. SiroisMassachusetts Supreme Judicial Court · 1878
  4. Eddy's CaseMassachusetts Supreme Judicial Court · 1850

3Cited by6 opinions

  1. Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
  2. Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
  3. L. L. Brown Paper Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1953
  4. Conners v. United StatesCourt of Appeals for the First Circuit · 1905
  5. Parsons v. SpauldingMassachusetts Supreme Judicial Court · 1881

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