Eastabrook v. Hapgood
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought by the plaintiff against the defendant, as executor of the last will of Jonathan Grout, deceased, upon a deed of the said Jonathan, conveying certain lands to one Hiram Newhall, whose assignee the plaintiff is.
Read the full summary
This was an action of covenant broken, brought by the plaintiff against the defendant, as executor of the last will of Jonathan Grout, deceased, upon a deed of the said Jonathan, conveying certain lands to one Hiram Newhall, whose assignee the plaintiff is. The action was submitted to the decision of the Court upon a case stated and agreed by the parties, in substance as follows: — The said Jonathan, on the 25th of March, 1789, being seised in fee of the lands described in the deed, conveyed the same to the said Hiram, in fee, with covenants of general warranty, against encumbrances, &c. The…
1Opinion of the Court
By the Court.
The sheriff’s return is conclusive upon the point. If the persons were not freeholders, he is liable to the [ * 315 ] party injured for a false return. Under the agreement * of the parties in the case at bar, the plaintiff is entitled to judgment (a)
Defendant defaulted
*315Note. — The Chief Justice, referring to the assessment of the damages in this case, observed that the value of the dowager’s life estate was to be calculated from the late Dr. Wigglesworth’s table, published in the Memoirs of the American Academy of Arts and Sciences, (2) which he said had been adopted by this…
2Cases cited15 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lincoln v. PowerSupreme Court of the United States · 1894
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Defreese v. LakeMichigan Supreme Court · 1896
- Splahn v. GillespieIndiana Supreme Court · 1874
- Shover v. MyrickIndiana Court of Appeals · 1892
14 more not listed; retrieve them via the Exa API.