Shumway v. Holbrook
Massachusetts Supreme Judicial Court
This was a writ of entry, in which Danforth Shumway de manded one undivided twelfth part of a tract of land, counting on his own seisin within thirty years, and a disseisin by the tenant. David Shumway, the father of the defendant, died seised of the land in fee in May 1796, leaving the demandant and eleven other children his heirs.
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This was a writ of entry, in which Danforth Shumway de manded one undivided twelfth part of a tract of land, counting on his own seisin within thirty years, and a disseisin by the tenant. David Shumway, the father of the defendant, died seised of the land in fee in May 1796, leaving the demandant and eleven other children his heirs. Elijah Shumway, one of them, was living on the land at the time of his father’s decease, and continued to live there, occupying the land, until he conveyed the whole of it to the tenant; who thereupon entered, and who has continued to occupy to the present time.…
1Opinion of the Court
The opinion of the Court was delivered at an adjourned term, m November.
2Per curiam
This case presents two questions ; first, whether the paroi evidence offered by the tenant respecting the will, and rejected, was competent evidence ; and, secondly, whether there was sufficient evidence of seisin of the demand-ant to enable him to maintain this action.
It is clear, that, by our statute, no will devising land can be used as evidence in a court of common law, to prove the title of any person claiming under it, until it is proved and allowed in a court of probate. And this is a convenient rule of evidence.…
3Cases cited1 opinion
- Ricard v. WilliamsSupreme Court of the United States · 1822
4Cited by1 opinion
- Carpenter v. ThayerSupreme Court of Vermont · 1843