Wellington v. Gale
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseizin, wherein the demandant counted upon his own seizin within five years, and upon a disseizin by the tenant.
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This was a writ of entry sur disseizin, wherein the demandant counted upon his own seizin within five years, and upon a disseizin by the tenant. At the trial, which was had upon the general issue by review before Putnam, J., at the sittings here after November term, 1814, the demandant, to prove his seizin, produced a judgment in his favor against one Amos Brown, jun., recovered at the Circuit Court of Common Pleas for this county, March term, 1804, for $ 348.29 ; and the execution which issued thereon, March 27th ; also the return of Peter Edes, then a deputy sheriff, of a levy of the same…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Parker, C. J.
The title of the demandant to the premises m question seems to be sufficient to maintain his suit ; unless the tenant has shown a right to retain the possession under a better title, or unless he can show some fatal defect in that of the demandant which will take away his right of entry.
* The original title to the demanded premises was in Joel Harrington, who was seized of the land in 1793, in which year he conveyed the same in mortgage to Elijah Lawrence. This mortgage, and the bond taken .as collateral security, were…
2Cited by33 opinions
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- Morrow v. WeedSupreme Court of Iowa · 1856
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- Henry v. ThorpeSupreme Court of Alabama · 1848
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