Eddy v. Chace

This is an action, brought under the Pub. Sts. c. 136, §§ 26, 27, against the heirs of Samuel Chace, deceased, to recover for a breach of the covenants in a deed of land from said Chace to the plaintiff.

At the trial, the defendants objected that the declaration did not formally set out that the estate of said Chaoe had been settled, and that the defendants had received any estate from him; and asked the court to rule that the plaintiff could not maintain his action. This objection should have been taken by demurrer, and it was too late to take it at the trial. Commonwealth v. Dracut, 8 Gray,…