Legal Opinion

Lawrence v. Stratton

Massachusetts Supreme Judicial Court

Decided October 15, 1850PublishedCited by 10 opinions

This was a writ of entry, tried before Wilde, J., on the plea that the tenants never disseized the demandant. The writ was dated March 27th, 1850. After the evidence had been introduced, the case was withdrawn from the jury by consent, and reported by the judge for the consideration of the whole court, who were to make such disposition thereof as they should think proper.

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This was a writ of entry, tried before Wilde, J., on the plea that the tenants never disseized the demandant. The writ was dated March 27th, 1850. After the evidence had been introduced, the case was withdrawn from the jury by consent, and reported by the judge for the consideration of the whole court, who were to make such disposition thereof as they should think proper. The case was as follows: — On the 23d of February, 1849, Alvarez Lawrence conveyed the demanded premises, by a deed which was never recorded, to the tenants, Barnard Stratton and Levi H. Stratton, who at the same time…

1Opinion of the CourtShaw, C. J.

The first question is, whether by the transaction disclosed in the report, Abijah Lawrence acquired any title to the demanded premises. The case shows that Alvarez Lawrence by deed conveyed the premises to Barnard Stratton and Levi H. Stratton, and took back simultaneously a mortgage to secure a part of the purchase-money. This deed remained unrecorded for several months, when Barnard Stratton, having contracted to sell the estate to Abijah Lawrence, it was proposed to accomplish it in this mode : that the deed of Alvarez Lawrence to Barnard and Levi H. Stratton should be given up and…

2Cases cited6 opinions

  1. Tevis v. YoungCourt of Appeals of Kentucky · 1858
  2. Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
  3. Margoley v. CommonwealthCourt of Appeals of Kentucky · 1861
  4. Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
  5. Dudley v. SumnerMassachusetts Supreme Judicial Court · 1809

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3Cited by10 opinions

  1. Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
  2. Doyle v. American Fire InsuranceMassachusetts Supreme Judicial Court · 1902
  3. Hayden v. PeirceMassachusetts Supreme Judicial Court · 1896
  4. Wing v. DeansMassachusetts Supreme Judicial Court · 1913
  5. Basford v. PearsonMassachusetts Supreme Judicial Court · 1863

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