Rock v. Dennett
Massachusetts Supreme Judicial Court
Writ of entry, to recover a parcel of land in Randolph. The tenants pleaded nul disseisin, and for further plea alleged that, if the demandant had any right or interest in the demanded premises, the same was conveyed to her by Henry W. Bragg, the assignee in bankruptcy of one Campbell; that this action was against persons claiming an adverse interest touching the property vested in said assignee, and was not brought within two years from the time when the cause of action…
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Writ of entry, to recover a parcel of land in Randolph. The tenants pleaded nul disseisin, and for further plea alleged that, if the demandant had any right or interest in the demanded premises, the same was conveyed to her by Henry W. Bragg, the assignee in bankruptcy of one Campbell; that this action was against persons claiming an adverse interest touching the property vested in said assignee, and was not brought within two years from the time when the cause of action accrued; and that the same was barred by the provisions of the statutes of the United States. Trial in the Superior Court,…
1Opinion of the CourtBarker, J.
The demandant claims under a deed from an assignee in bankruptcy, made January 24, 1889. Whatever right the assignee had, he acquired as part of the bankrupt’s estate, in March, 1876. He had never entered upon or been in possession of the premises until the time of the delivery of his deed. Since, if the premises had been unoccupied, or occupied with his consent, the possession would have followed his title, it results that from March, 1876, until January, 1889, the possession had been held adversely to him. The demandant must recover on the strength of her own title, and has no better right…
2Cases cited7 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Banks v. OgdenSupreme Court of the United States · 1865
- Traer v. ClewsSupreme Court of the United States · 1885
- Stevens v. . HauserNew York Court of Appeals · 1868
- Gifford v. HelmsSupreme Court of the United States · 1878
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3Cited by9 opinions
- Sheldon v. ParkerNebraska Supreme Court · 1902
- Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
- Devoy v. Superior Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Whittredge v. SweetserMassachusetts Supreme Judicial Court · 1905
- Fuller, Trustee v. RockOhio Supreme Court · 1932
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