Inhabitants of Worcester v. Eaton
Massachusetts Supreme Judicial Court
This action (which was a plea of land upon the seizin of the demandants, of an estate of freehold for the life of Betsey Flagg, of certain premises assigned to her as dower in the estate of her husband, David Flagg, deceased, and an alleged disseizin by the tenant) was again † tried upon the general issue, April term, 1815, before Putnam, J. To maintain the issue on the part of the demandants, they produced a deed, conveying the premises from said Betsey to them, dated the…
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This action (which was a plea of land upon the seizin of the demandants, of an estate of freehold for the life of Betsey Flagg, of certain premises assigned to her as dower in the estate of her husband, David Flagg, deceased, and an alleged disseizin by the tenant) was again † tried upon the general issue, April term, 1815, before Putnam, J. To maintain the issue on the part of the demandants, they produced a deed, conveying the premises from said Betsey to them, dated the 29th of June, 1810, acknowledged the same day, and recorded on the 3d of October, 1811, for the consideration of $5, and…
1Opinion of the Court
The opinion of the Co.urt was delivered at this term by
Parker, C. J.
The first question submitted by the judge’s report is, whether the deed of Betsey Flagg to Fisk & Hudson, the grantors of the tenant, made under duress, as the verdict of the jury has found, could be avoided by her entry ; so as that her deed, subsequently made to the demandants, passed the freehold to them.
It has been contended, that an instrument apparently legal and sufficiently formal cannot be avoided otherwise than by plea for duress, which renders such instruments voidable, but not absolutely void. The position has…
2Cases cited1 opinion
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
3Cited by31 opinions
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- Kline v. BeebeSupreme Court of Connecticut · 1827
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