Towne v. Butterfield
Massachusetts Supreme Judicial Court
Writ of entry. Plea, nul disseisin. The demandant claimed title under a deed of warranty from Jane W. Smith. In the superior court judgment was rendered for the tenant upon agreed facts, and the demandant appealed to this court. By the facts agreed it appeared that Jane W. was wife of Francis B. Smith, from whom she was divorced May 7, 1864, for his adultery, she receiving under the decree of the court the custody of their four minor children.
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Writ of entry. Plea, nul disseisin. The demandant claimed title under a deed of warranty from Jane W. Smith. In the superior court judgment was rendered for the tenant upon agreed facts, and the demandant appealed to this court. By the facts agreed it appeared that Jane W. was wife of Francis B. Smith, from whom she was divorced May 7, 1864, for his adultery, she receiving under the decree of the court the custody of their four minor children. The demanded premises were of a value less than eight hundred dollars, and were occupied from 1855 to 1857, by Francis B. and Jane W., with the…
1Opinion of the CourtHoar, J.
The demandant having the actual possession of the demanded premises, under a deed of warranty, and claim of title, had an actual seisin, by right or by disseisin, sufficient to maintain his action, unless the defendant can show a better title. Jackson on Real Actions, 4. Stearns on Real Actions, 239. The tenant, being let into possession by the demandant under a contract to purchase, became thereby tenant at will to the demandant. Gould v. Thompson, 4 Met. 224. The question then arises, whether the tenant, being lessee at will of the demand-ant, can be permitted to assert a title inconsistent…
2Cases cited2 opinions
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
- Lessee of Galloway v. OgleSupreme Court of Pennsylvania · 1810
3Cited by22 opinions
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Alderson v. MarshallMontana Supreme Court · 1888
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Farwell v. RogersMassachusetts Supreme Judicial Court · 1868
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