Sumner v. Williams
Massachusetts Supreme Judicial Court
This was- an action of covenant broken, commenced against the defendants by Elizabeth Sumner, who dying during the pendency of the suit, the plaintiff, as administrator of her estate, was admitted to prosecute. The declaration contains three counts.
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This was- an action of covenant broken, commenced against the defendants by Elizabeth Sumner, who dying during the pendency of the suit, the plaintiff, as administrator of her estate, was admitted to prosecute. The declaration contains three counts. The first count sets forth, that the defendants, by their deed, dated April *9tb, 1789, in consideration of £305 lawful money, did give, grant, and sell to Increase Sumner, Esquire, deceased, and to Elizabeth Sumner, the plaintiff, and the then wife of the said Increase, “certain tracts and parcels of land in Roxbwry ; ” and in and by said deed,…
1Opinion of the Court
After the argument, the action stood continued for advisement * to this term ; and now the justices present delivered their opinions seriatim as follows : —
Sedgwick, J.
The facts, which, in my opinion, are necessary to be considered in the decision of this cause, are the following: —
On the sixth day of July, 1786, William Dudley, being seised in fee tail of certain lands in Roxbury, mortgaged them in fee simple to Thomas Williams, one of the defendants.
On the first day of November, 1786, William Dudley died, and thereupon administration on his estate was granted to the present defendants.
After…
2Cases cited10 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Hodgson v. DexterSupreme Court of the United States · 1803
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
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3Cited by101 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Mott v. HicksNew York Supreme Court · 1823
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