Chickering v. Lovejoy
Massachusetts Supreme Judicial Court
This was a writ of Entry sur disseizin, in which the demandant counted on his own seizin of a piece of land in Boston, and on a disseizen by the tenants. The cause was tried upon the general issue, before Jackson, J , at the last November term in this county. It appeared, at the trial, that the demanded premises were formerly the property of one Jesse B. Wilcox, under whom both the parties claimed to hold the same.
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This was a writ of Entry sur disseizin, in which the demandant counted on his own seizin of a piece of land in Boston, and on a disseizen by the tenants. The cause was tried upon the general issue, before Jackson, J , at the last November term in this county. It appeared, at the trial, that the demanded premises were formerly the property of one Jesse B. Wilcox, under whom both the parties claimed to hold the same. The said Wilcox, by his deed dated the 2d of July, 1806, * conveyed the premises to one Elijah Withington in fee, with covenants of general warranty. This deed was registered the…
1Opinion of the CourtWilde, J.
Several questions have been raised in the argument of this cause ; as to some of which, more consideration, than we have * hitherto bestowed upon them, might probably be necessary, to enable us to come to a satisfactory decision. The view we have taken, however, of one part of the case, we think decisive as to the question of title, and renders the other points, which have been made, immaterial.
Both parties, it appears, claim title under one Wilcox ; and there can be no doubt, that the demandant has derived the legal estate from him ; unless the intended operation of the deeds, under which he…
2Cited by23 opinions
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