Hall v. Leonard
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin within thirty years and a disseisin by the tenants.
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This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin within thirty years and a disseisin by the tenants. At the trial, which was upon the general issue, before Putnam J., the demandant gave in evidence a deed from Ephraim Leonard, the father of the tenants, to Ebenezer Hall, the father of the demandant, dated in 1803, conveying all his right in a tract of land in Sheffield containing about fifty-nine acres, “ being the same tract of land which was deeded by Medad Huggins to his (Leonard’s) heirs, so expressed in two deeds from said Huggins to them, as…
1Opinion of the Court
The opinion of the Court was delivered at May term 1823, by
Wilde J.
The tenants moved for a new trial, for a supposed misdirection of the judge, and because they say that the verdict, as to the seisin of Ebenezer Hall, is against evidence. The tenants, at the trial, offered in evidence the deed of one Medad Huggins to the heirs of Ephraim Leonard, which was rejected as void for uncertainty ; and the principal question is, whether this deed was properly rejected.
It is laid down in Perkins, § 52, that a grant to the heirs of a person in being is void, as there are no persons in esse, who can…
2Cases cited1 opinion
- Ray v. BushConnecticut Superior Court · 1783
3Cited by1 opinion
- Johnson v. CalvertSupreme Court of Missouri · 1914