Austin v. Thomas
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant, as minister of the first parish in the town of Worcester, in right of his parish, demands possession of a tract of land described in his writ; in which he counts upon the seisin of his predecessor, Thaddeus Maccarty, within thirty years before the 30th of April, 1814, the date of • the writ; alleging an entry by Thaddeus Maccarty, Jun., and Wih Ham G. Maccarty, by abatement within that time, under whom the tenant claims. *…
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This was a writ of entry, in which the demandant, as minister of the first parish in the town of Worcester, in right of his parish, demands possession of a tract of land described in his writ; in which he counts upon the seisin of his predecessor, Thaddeus Maccarty, within thirty years before the 30th of April, 1814, the date of • the writ; alleging an entry by Thaddeus Maccarty, Jun., and Wih Ham G. Maccarty, by abatement within that time, under whom the tenant claims. * The demandant, to establish his title to the demanded premises, produced in evidence a copy of a vote of the inhabitants…
1Opinion of the CourtParker, C. J.
The first question which arises in this case is, whether the land demanded was ever ministerial *land, properly so called, of which the minister for the time being was seised in right of his parish.
This is denied by the counsel for the tenant, because the deed conveying the premises from Breck to Chandler was made to him as treasurer of the town of Worcester; so that the land became the property of the inhabitants of that town, in their civil and corporate capacity, but not as a parish or religious society.
But the motive and intent of the parties to this conveyance are apparent from the deed…
2Cited by5 opinions
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819
- Emerson v. WileyMassachusetts Supreme Judicial Court · 1830
- Inhabitants of Porter v. GriswoldSupreme Judicial Court of Maine · 1830
- Wells v. HeathMassachusetts Supreme Judicial Court · 1857