Kent v. Kent
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin in the per, brought in the county of Essex, where it was argued before Sedgwick, Sewall, and Parker, Justices, at the last November term, by Dane and Jackson for the demandant, and by Livermore and Prescott for the tenant, and continued for judgment to be given here as of that term.
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This was a writ of entry sur disseisin in the per, brought in the county of Essex, where it was argued before Sedgwick, Sewall, and Parker, Justices, at the last November term, by Dane and Jackson for the demandant, and by Livermore and Prescott for the tenant, and continued for judgment to be given here as of that term. The writ demands one moiety of a farm called Kent’s Island, “ into which the said Paul hath no entry but by Joseph Kent, who demised the same to him, and thereof unjustly disseised the said Stephen.” The count is special, alleging that Richard Kent, being seised in fee of the…
1Opinion of the Court
At this term the opinion of the Court was delivered by
Sedgwick, J.
(After a concise statement of the pleadings.) This case has'been very ably and very fully argued. Two questions present themselves to the consideration of the Court.
I. Is the judgment pleaded a bar to this action, if there be no material defect in point of form? In other words, if the judgment exhibits evidence that there was a trial on the merits, is * it conclusive upon the title set up by the demandant [ * 355 ] in the present action ?
II. Supposing the defendant might, if the judgment was suf ficiently formal, avail himself…
2Cited by5 opinions
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- Gordan v. PeirceSupreme Judicial Court of Maine · 1834
- Gulling v. Washoe County BankNevada Supreme Court · 1907
- Parker v. ColcordSuperior Court of New Hampshire · 1819