Smith v. Smith
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant counted on his own seisin within thirty years, and until disseised by * the tenant, who pleaded the general issue, which was joined. The cause was tried before the Chief Justice, at the sittings here after the last October term, and a verdict taken for the tenant, subject to the opinion of the Court upon the following question stated in the report of the Chief Justice.
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Entry sur disseisin. The demandant counted on his own seisin within thirty years, and until disseised by * the tenant, who pleaded the general issue, which was joined. The cause was tried before the Chief Justice, at the sittings here after the last October term, and a verdict taken for the tenant, subject to the opinion of the Court upon the following question stated in the report of the Chief Justice. It was admitted, or proved at the trial, that the demandant had been seised within thirty years; that, while so seised, he became non compos mentis, and had a guardian duly appointed ; and…
1Opinion of the Court
The Chief Justice
overruled the objection, and the license was admitted. If the said license ought not to have been admitted in evidence to the jury, the verdict was to be set aside, and a new trial granted, that the tenant might have the benefit of the limitation and settlement act, so called. (1)
Tyler for the demandant.
The statute of 1783, c. 32, authorized botli this Court and the Common Pleas to grant licenses, on suitable occasions, for the sale of the real estates of persons non compos; but the subsequent statute of 1783, c. 38, confines the authority to this Court only. The sale, then,…
2Cited by3 opinions
- Inhabitants of Monmouth v. PlimptonSupreme Judicial Court of Maine · 1885
- McClure v. MelendySupreme Court of New Hampshire · 1860
- Crumbaugh v. KuglerOhio Supreme Court · 1853