Leverett v. Harris
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, brought to obtain possession ot an undivided ninth part of a certain messuage and appurtenances, situated on the westerly side of Cornhill Street, in Boston, in which the demandant counts upon his own seisin within thirty years, and upon a disseisin by the tenant.
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This was a writ of entry sur disseisin, brought to obtain possession ot an undivided ninth part of a certain messuage and appurtenances, situated on the westerly side of Cornhill Street, in Boston, in which the demandant counts upon his own seisin within thirty years, and upon a disseisin by the tenant. The action was tried upon the general issue of nul disseisin, at the last November term, before Parker, J.; and a verdict being found for the tenant, the demandant moved for a new - trial, upon the report of the judge. From that report it appears, that it was admitted at the trial that Thomas…
1Opinion of the Court
Bigelow, for the tenant, was stopped by the Court; whose opin ion (absente Parsons, C. J.) was afterwards delivered by
Sedgwick, J.
In this case the demandant is entitled to recover, unless the title set up by the tenant shall be adjudged sufficient to bar his right of inheritance.
By a statute of the provincial legislature, (8 W. 3, c. 4,) it was enacted that in case of a deficiency of personal assets [ * 296 ] * to pay the debts or legacies of any deceased person, ' “ upon representation thereof, and making the same to appear unto the Superior Court of Judicature, holden for or within the same…
2Cases cited1 opinion
- Turner v. AustinMassachusetts Supreme Judicial Court · 1819
3Cited by8 opinions
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
- Clark v. BrownNew York Supreme Court · 1837
- McDade v. BurchSupreme Court of Georgia · 1849
- Stewart v. BennettSupreme Court of Florida · 1847
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