Cook v. Hammond
U.S. Circuit Court for the District of Massachusetts
This was a writ of entry. The parties agreed upon a statement of facts as follows: “The above action is brought by the plaintiff [Horatio G. Cook] to recover possession ■ of certain undivided portions' of the lands and tenements described in the writs against the defendant [Samuel Hammond], who -claims to hold possession under Eli Leavitt . and Jane his wife in her right, who dispute the plaintiff’s title; and the following are the facts agreed upon between the parties: In…
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This was a writ of entry. The parties agreed upon a statement of facts as follows: “The above action is brought by the plaintiff [Horatio G. Cook] to recover possession ■ of certain undivided portions' of the lands and tenements described in the writs against the defendant [Samuel Hammond], who -claims to hold possession under Eli Leavitt . and Jane his wife in her right, who dispute the plaintiff’s title; and the following are the facts agreed upon between the parties: In the year 1770 Royal Tyler died seised in fee of the demanded premises, leaving three children, viz. John S. Tyler, Royal…
1Opinion of the Court
STORY, Circuit Justice.
Upon the very elaborate and learned arguments at the bar, every matter has been brought before the court, that can assist in forming its judgment. I should have been glad, as this is a point of local law, to have found the principal question adjudicated in our own state tribunals, so that my duty might have been merely to follow their decision. Unfortunately, no such case is known to exist, and It must therefore here receive an original determination. The rules of the common law have been fully stated at the bar, and indeed admit, upon the authorities, of no serious…
2Cases cited2 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1817
3Cited by12 opinions
- North v. GrahamIllinois Supreme Court · 1908
- Copenhaver v. PendletonSupreme Court of Virginia · 1930
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Perkins v. IglehartCourt of Appeals of Maryland · 1944
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