Shove v. Dow
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the. demandant counted on his own seizin of an undivided moiety of certain land situate in Lynn, and alleged a disseizin by the tenant; who pleaded nontenure with general disclaimer, as to one undivided fourteenth part of the demanded premises ; and, as to the residue, he pleaded the general issue.
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This was a writ of entry, in which the. demandant counted on his own seizin of an undivided moiety of certain land situate in Lynn, and alleged a disseizin by the tenant; who pleaded nontenure with general disclaimer, as to one undivided fourteenth part of the demanded premises ; and, as to the residue, he pleaded the general issue. On the trial, which was had before Jackson, J., at the sittings here after November term, 1814, it appeared that one Thomas Witt was formerly seized of the moiety in question ; and both of the parties in this suit claimed under different executions, levied on the…
1Opinion of the CourtJackson, J.
The obvious mistake made by the officer, in the date of his return indorsed on the tenant’s execution, cannot defeat the levy. The certificate, signed by the appraisers, is not a part of the return; excepting as it is made so by the officer, by referring to it in the part which is signed by him. The officer alone is authorized to certify what is done by force of the execution ; and, as it is apparent from his return, that he delivered seizin of the land after the appraisement, although by the dates it would appear to be done before, we must reject one of those dates. It is of no importance…
2Cited by1 opinion
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