Legal Opinion

Cushman v. Carpenter

Massachusetts Supreme Judicial Court

Decided October 15, 1851Published

This was a writ of entry to recover three lots of land in Attleborough. The opinion of the court exhibits the whole case.

1Opinion of the CourtDewey, J.

The title of the demandant is derived through a levy of an execution in favor of Ansel Carpenter and Nathaniel C. Dana against Dan Carpenter, upon the demanded premises, made on the 23d of April, 1849 ; a previous assignment of the judgment upon which this execution issued; and a subsequent conveyance by deed from Ansel Carpenter and Nathaniel C. Dana to him, made on the 11th of February, 1851. The tenants deny the validity of the title through the levy of this execution, and this raises the first question in the case.

The defect relied upon is, that the judgment upon which this execution was…

2Cases cited5 opinions

  1. Batman v. MegowanCourt of Appeals of Kentucky · 1859
  2. Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
  3. Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
  4. Newton v. WestCourt of Appeals of Kentucky · 1860
  5. Hamilton v. LymanMassachusetts Supreme Judicial Court · 1812

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