Davison v. Johonnot
Massachusetts Supreme Judicial Court
Writ of entry to recover lands in Boston. At the trial, the demandant produced a deed from Amos Sumner, dated June 7th 1823, duly executed and recorded, by virtue of which, it was admitted by the tenants, he became seized and possessed of the demanded premises, and continued so seized and possessed until the 10th of May 1836. The tenants, to maintain their title to the demanded premises, showed that they were heirs of Nancy Edwards, and pro duced the deed of William T.…
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Writ of entry to recover lands in Boston. At the trial, the demandant produced a deed from Amos Sumner, dated June 7th 1823, duly executed and recorded, by virtue of which, it was admitted by the tenants, he became seized and possessed of the demanded premises, and continued so seized and possessed until the 10th of May 1836. The tenants, to maintain their title to the demanded premises, showed that they were heirs of Nancy Edwards, and pro duced the deed of William T. Spear, dated Ma^ 10th 1836, executed in due form and recorded, wherein said Spear conveyed said premises to said Nancy,…
1Opinion of the CourtDewey, J.
It will at once be perceived, that the present is a very grave question, in which we are called upon to review the proceedings of a coordinate branch of the government, and to decide whether the legislature, in passing the resolve authorizing the sale of the estate of Andrew C. Davison by his guardian, transcended the limits of its constitutional powers. Every presumption is to be made in favor of its validity ; and if our examination of the question shall result in only raising doubts in our minds whether it be constitutional, it will be our duty to permit the resolve to have its full force,…
2Cases cited14 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
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