Brown v. Nye
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseizin, brought by the said Broum, as minister of the first parish in the town of North Yarmouth, to recover possession of a certain lot of land lying in Freeport, which was formerly a part of North Yarmouth, excepting that part of said lot whereon the meeting-house stands, and that part used as a grave-yard.
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This was a writ of entry sur disseizin, brought by the said Broum, as minister of the first parish in the town of North Yarmouth, to recover possession of a certain lot of land lying in Freeport, which was formerly a part of North Yarmouth, excepting that part of said lot whereon the meeting-house stands, and that part used as a grave-yard. The demandant counts upon the seizin of Tristram Gilman, his predecessor in the said parish, within thirty years, and upon a disseizin committed by Alfred Johnson, the former minister of Freeport, who demised the same to a committee of Freeport, under whom…
1Opinion of the CourtParker, C. J.
The demandant has counted upon the seizin of Mr. Gilman, his predecessor, within thirty years before the commencement of his action; and such seizin must be proved, [* 287] or he cannot recover. For, by our statute *of limitation of real actions, being Stat. 1807, c. 74, § 2, “No person shall sue, have, or maintain any writ of entry upon disseizin done to any of his ancestors or predecessors, &c., unless the ancestor or predecessor, under whom the demandant shall claim, shall have been seized or possessed of the lands, &c., demanded within thirty years next before the test of the writ, or…
2Cases cited6 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Hunt v. WickliffeSupreme Court of the United States · 1829
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Andrews v. BeeckerNew York Supreme Court · 1800
- Ford v. AdamsNew York Supreme Court · 1848
- Foster v. LowellMassachusetts Supreme Judicial Court · 1808