Simpson v. Dix
Massachusetts Supreme Judicial Court
Writ op entry to recover three parcels of land lying partly in Chelmsford and partly in Billerica. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The demandant claimed title to the demanded premises under Daniel Eastman, Junior. The tenant claimed title thereto under Daniel Eastman, the father of Daniel Eastman, Junior.
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Writ op entry to recover three parcels of land lying partly in Chelmsford and partly in Billerica. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The demandant claimed title to the demanded premises under Daniel Eastman, Junior. The tenant claimed title thereto under Daniel Eastman, the father of Daniel Eastman, Junior. Both father and son lived in the same town when the demanded premises were purchased. The son died October 5, 1877; the father died June 15, 1879; each leaving a will, which has…
1Opinion of the CourtSoule, J.
If the demandant had any title whatever to the demanded premises on the facts disclosed by the bill of exceptions, the tenant had none, because the tenant’s claim of title was based on the ground that he was grantee of the owner, and that the demandant’s grantor and devisor never had any title to the premises. The action was not brought, therefore, for the foreclosure of the mortgage held by the demandant, but to defend the possession and right to possession under his entry, against a stranger who was in, claiming title. It was unimportant to the tenant, therefore, whether the demandant was…
2Cases cited2 opinions
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
- Kingsford v. HoodMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Armstrong v. RossWest Virginia Supreme Court · 1906
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
- Putnam v. BessomMassachusetts Supreme Judicial Court · 1935
- Clark's Admr. v. Wilmington Savings BankSupreme Court of Vermont · 1915
- Reed v. MayoMassachusetts Supreme Judicial Court · 1915
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