Prescott v. Heard
Massachusetts Supreme Judicial Court
This was a real action, in which Prescott demanded possession of a certain lot of land in Shapleigh, in this county, with the appurtenances, containing one hundred acres; and he counts upon his own seisin within thirty years, and on a disseisin by the tenant. The tenant pleaded as to forty acres, parcel of the demanded premises, that he never disseised, &c., on which issue was joined; and as to the residue he disclaimed, the truth of which was admitted by the demandant.
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This was a real action, in which Prescott demanded possession of a certain lot of land in Shapleigh, in this county, with the appurtenances, containing one hundred acres; and he counts upon his own seisin within thirty years, and on a disseisin by the tenant. The tenant pleaded as to forty acres, parcel of the demanded premises, that he never disseised, &c., on which issue was joined; and as to the residue he disclaimed, the truth of which was admitted by the demandant. The issue joined as above was tried at the last October term, in this county, before Thatcher, J., when it was admitted by…
1Opinion of the CourtSewall, J.
The evidence establishes actual notice immediately to the demandant, of a fair and good title vested in the tenant, long before the levy and extent of the demandant’s execution upon the premises in controversy. The execution issued upon a judgment recovered by the demandant against one Conner, once the owner of the land levied upon, including the messuage and farm defended by the present tenant. But Conner had conveyed this part of the tract of land to one Doore, for a valuable consideration paid by him, so long since as in June, 1780, who then entered upon his purchase; and *75he, and the…
2Cases cited16 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Beekman v. FrostNew York Supreme Court · 1820
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
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3Cited by23 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
18 more not listed; retrieve them via the Exa API.