Brown v. President of the Maine Bank
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the' demandant counted upon his own seisin within twenty years, and a disseisin committed by the tenants by Jacob Cram, their lessee.
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This was a writ of entry sur disseisin, in which the' demandant counted upon his own seisin within twenty years, and a disseisin committed by the tenants by Jacob Cram, their lessee. At the trial, which was had upon the general issue, before Thatcher, J., October term, 1812, the following facts were proved or admitted: — On the part of the demandant it was proved that, on the 5th day of August, 1807, at forty-five minutes past seven o’clock, P. M., the demanded premises were attached, at the suit of William Brown, as the property of Samuel Stephenson; that the said action was duly entered and…
1Opinion of the Court
Sewall, C.. J.
(After stating the facts from the judge’s report.) The verdict is objected to upon the ground that the title in the demanded premises had not vested in the demandant at the time of the attachment made for the tenants. The title, it is argued, was then in W. Brown, notwithstanding the assignment of the judgment and execution ; because the release by William to Thomas, to confirm his title in the demanded premises, had not then been executed.
The assignment of a chose in action, when made bona fide, and for a valuable consideration, has been uniformly
* protected and carried into…
2Cases cited2 opinions
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Heywood v. HildrethMassachusetts Supreme Judicial Court · 1812
3Cited by16 opinions
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Robinson v. SchlySupreme Court of Georgia · 1849
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
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