Chandler v. Simmons
Massachusetts Supreme Judicial Court
Writ of entry in behalf of Samuel Chandler and John E. Chandler, as tenants in common, by their guardian, Weston Earle, to recover a tract of land in Dighton. Plea, mil disseisin, with an averment of title in the tenant.
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Writ of entry in behalf of Samuel Chandler and John E. Chandler, as tenants in common, by their guardian, Weston Earle, to recover a tract of land in Dighton. Plea, mil disseisin, with an averment of title in the tenant. At the trial in the superior court, before Morton, J., it was admitted by the tenant that the land was formerly the property of the demandants, but he introduced in evidence a deed of it from them to himself, for the consideration of one hundred dollars, dated February 7, 1862. It appeared that John E. was then a minor, born on October 13,1841; but the deed bore a certificate…
1Opinion of the CourtWells, J.
These exceptions bring up the instructions under which the right of John E. Chandler to recover certain land was submitted to the jury. The defence was based upon a conveyance made by John E. Chandler while a minor, and ratified by him after he became of age. No question is made but that he is completely divested of his title, unless the pendency of proceedings against him as a spendthrift deprived him of the right to confirm his deed. These proceedings were commenced, and a copy filed in the registry of deeds, in accordance with Gen. Sts. c. 109, § 10, before he became of age. The alleged…
2Cases cited7 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Bool v. MixNew York Supreme Court · 1837
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
- Poor v. RobinsonMassachusetts Supreme Judicial Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Green v. . GreenNew York Court of Appeals · 1877
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- MacGreal v. TaylorSupreme Court of the United States · 1897
54 more not listed; retrieve them via the Exa API.