Chenery v. Stevens
Massachusetts Supreme Judicial Court
Writ op entry brought by the demandant as trustee of Almira Richards, wife of Asa F. Richards, for possession of two tracts of land in New Salem, declaring on his seisin for her life. Plea, nul disseisin. At the trial in the superior court, before Devens, J., the demandant claimed title under a deed of Elizabeth F. and Samuel Putnam to Mrs. Richards, and from her to himself.
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Writ op entry brought by the demandant as trustee of Almira Richards, wife of Asa F. Richards, for possession of two tracts of land in New Salem, declaring on his seisin for her life. Plea, nul disseisin. At the trial in the superior court, before Devens, J., the demandant claimed title under a deed of Elizabeth F. and Samuel Putnam to Mrs. Richards, and from her to himself. The former deed was executed January 5, 1865, and in consideration of one thousand dollars paid by Almira Richards and her six children, naming them, gave, granted, bargained, sold and conveyed to them, enumerating them…
1Opinion of the CourtBigelow, C. J.
Taking the return of the officer as it stands, the levy was clearly invalid by reason of a seizure of more land than was sufficient to satisfy the execution by the sum of five dollars and eighty-nine cents. No amendment to the return has been properly made by an application to the court since the execution has become matter of record. Welsh v. Joy, 13 Pick. 477, 482. But the proposed amendment would not cure the difficulty. There would still have been more land set off than the officer had a right to take in order to satisfy the execution with all lawful fees. This is fatal to the validity of…
2Cases cited1 opinion
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
3Cited by11 opinions
- Packard v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
- Treadwell v. PattersonCalifornia Supreme Court · 1877
- A. Doykos & T. Pappas, Inc. v. LeventhalMassachusetts Supreme Judicial Court · 1935
- Bates v. FosterSupreme Judicial Court of Maine · 1871
- Breed v. OsborneMassachusetts Supreme Judicial Court · 1873
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