Croacher v. Oesting
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in New Bedford. Plea, nul disseisin. Trial in tbe Superior Court, before Barlcer, J., who directed a verdict for the tenant; and the demandant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtGardner, J.
The demandant contends that, under a plea of nul disseisin, the tenant cannot show title in himself. But such a plea puts the whole title in issue; the tenant can maintain the issue, either upon the failure of the demandant to show title in himself, or by evidence of title in the tenant. Swan v. Stephens, 99 Mass. 7.
The demandant derived his title through Daniel B. Croacher, taking as heir, and by deed from the other heirs. The tenant’s title was under a sheriff’s levy and sale, upon an execution against the goods and estate of Daniel B. Croacher, and a deed from the sheriff to the tenant.
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2Cases cited3 opinions
- Swan v. StephensMassachusetts Supreme Judicial Court · 1868
- Parker v. AbbottMassachusetts Supreme Judicial Court · 1880
- Bell v. WalshMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Tuell v. HomannIndiana Court of Appeals · 1915
- Slater v. LambMassachusetts Supreme Judicial Court · 1889
- Holmes v. JordanMassachusetts Supreme Judicial Court · 1895
- Gardner v. BarronMassachusetts Supreme Judicial Court · 1956
- FinniganMassachusetts Land Court · 1902