Bridge v. Wellington
Massachusetts Supreme Judicial Court
This was a real action, in which Bridge demanded 75 acres of land, lying in L., and declared that, on the 2d day of Dec. 1799, one Jonathan Bridge was seised of the demanded premises in fee, and on that day, by his deed of that date, conveyed the same to the demandant in fee, &c., and that, on the 1st day of April, 1802, the defendant entered and disseised the demandant, &c. Plea—the general issue.
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This was a real action, in which Bridge demanded 75 acres of land, lying in L., and declared that, on the 2d day of Dec. 1799, one Jonathan Bridge was seised of the demanded premises in fee, and on that day, by his deed of that date, conveyed the same to the demandant in fee, &c., and that, on the 1st day of April, 1802, the defendant entered and disseised the demandant, &c. Plea—the general issue. To prove his title, the counsel for the demandant offered in evidence the deed of Jonathan Bridge, mentioned in the declaration. Upon inspection, it appeared that the deed was in substance as…
1Opinion of the Court
Dana, C. J.,
summed up the evidence to the jury. He said that the Court gave no opinion relative to the operation of the deed of Jonathan Bridge to the demandant, so as it respected creditors, the Court not conceiving it to be necessary, because the defendant claimá as a purchaser. The deed to Hartwell is clearly a release. If it could not operate as a release, (and it appeared to have been the .intent that it should operate otherwise,) the Court would effectuate that intent, if it could legally be done. But it is not necessary to recur to that principle in the present case, because Jonathan…
2Cited by21 opinions
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- Gambril v. Doe ex dem. RoseIndiana Supreme Court · 1846
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