Wallingford v. Hearl
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the said Walling-ford demands seisin and possession of three thirteenth parts, and one third and one fourth of a thirteenth part, of a certain tract of land described in his writ, and counts upon his own seisin, and a disseisin by the said Hearl, within thirty years before the date of the writ.
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This was a writ of entry sur disseisin, in which the said Walling-ford demands seisin and possession of three thirteenth parts, and one third and one fourth of a thirteenth part, of a certain tract of land described in his writ, and counts upon his own seisin, and a disseisin by the said Hearl, within thirty years before the date of the writ. At the trial, which was had at Alfred, October term, 1817, before Wilde, J., the demandant proved that his grandfather, in the year 1770, was seised of the demanded premises in his demesne as of fee, and died so seised. Whereupon his estate was divided…
1Opinion of the CourtParker, C. J.
The demandant’s right of entry accrued on the death of the tenant for life; and he had twenty years, by the statute, to preserve his estate by entry. He entered, in fact, within one year after his title accrued, that is, after the termination of the life estate. It is said that he might have entered before, in consequence of the disseisin of the tenant for life. If he might, the law imposed no obligation upon him to do so. He might be utterly ignorant of the disseisin, notwithstanding the visible occupation of the disseisor; for he might well suppose that the tenant had entered under a…
2Cases cited1 opinion
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
3Cited by14 opinions
- Anderson v. NorthropSupreme Court of Florida · 1892
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1941
- Scott v. FairlieSupreme Court of Florida · 1921
- Nickerson v. NickersonMassachusetts Supreme Judicial Court · 1920
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