Rathbone v. Sterling

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment for lots in the town of Peabody. The record title was in plaintiff, and consisted of a-patent to the probate judge in trust for the occupants, and conveyance from him made upon the report of the commissioners. Defendants showed an actual and continued occupancy. The question therefore is, as to the effect of the action of the commissioners and the subsequent conveyance by the probate judge. On the one hand, it is contended that their action is judicial, and unless reversed in appellate proceedings, or set…