Legal Opinion

Whitman v. Tyler

Massachusetts Supreme Judicial Court

Decided October 15, 1811PublishedCited by 12 opinions

Entry sur disseisin, wherein the said Whitman demands a certain messuage and land in Cambridge, counting on his own seisin within thirty years, and on a disseisin by the tenants. Joseph Enos, one of the tenants, suffered judgment to go against him by default.

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Entry sur disseisin, wherein the said Whitman demands a certain messuage and land in Cambridge, counting on his own seisin within thirty years, and on a disseisin by the tenants. Joseph Enos, one of the tenants, suffered judgment to go against him by default. From an agreed statement of facts, upon which the action, as between the demandant and the other tenants, was referred to the determination of the Court, it appeared that the demandant claimed under a conveyance of the demanded premises made to him by one M. R. Bartlet, which was agreed to have been made bona fide, and upon an adequate…

1Opinion of the Court

The Court

pronounced their opinion that the extent upon Brooks’s execution was sufficient' to enable him to hold the land set off to him thereon; and that the extent on Bridge’s execution, and on Ellis’s execution, were insufficient and void. — The demandant accordingly, having shown a good and sufficient title to the demanded premises, except that part on which Brooks’s execution was levied and extended, had judgment for his possession of the same, and for h's costs.

2Cited by12 opinions

  1. Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
  2. Hill v. BakerSupreme Court of Iowa · 1871
  3. Whittier v. VarneySuperior Court of New Hampshire · 1839
  4. Litchfield v. CudworthMassachusetts Supreme Judicial Court · 1833
  5. United States v. SladeU.S. Circuit Court for the District of Massachusetts · 1820

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