Legal Opinion

Adam v. Briggs Iron Co.

Massachusetts Supreme Judicial Court

Decided September 15, 1851PublishedCited by 7 opinions

This was a bill in equity. The case was argued at September term, 1850, upon a demurrer to the bill, by G. Ashmun and W. G. Bates, for the plaintiffs, and J. Rockwell and J D. Colt, for the defendants.

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This was a bill in equity. The case was argued at September term, 1850, upon a demurrer to the bill, by G. Ashmun and W. G. Bates, for the plaintiffs, and J. Rockwell and J D. Colt, for the defendants. The pleadings are sufficiently set forth in the following opinion, delivered at the same term, by After the delivery of the foregoing opinion, the plaintiffs having had leave to amend, amended their bill by averring that they were tenants in common of three quarter parts of the ore and ore-beds described, and of the right of opening and digging therefor, in all parts of said lot, and of laying…

1Opinion of the CourtShaw, C. J.

This suit m equity was brought by the children and grandchildren of Samuel Forbes, who died in Connecticut, the place of his domicil, in 1827; and they alleged themselves to be devisees under his will, or the heirs of those devisees. They are all the descendants of Abigail Adam', wife of John Adam, and only daughter and heir at law of Samuel Forbes. It was objected by the defendants, that the will of Samuel Forbes had not been filed in, or proved and allowed by any probate court in this commonwealth, and so that the plaintiffs could not claim title under it. An amendment was afterwards…

2Cases cited2 opinions

  1. Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
  2. Baldwin v. WhitingMassachusetts Supreme Judicial Court · 1816

3Cited by7 opinions

  1. Ianotti v. CiccioSupreme Court of Connecticut · 1991
  2. Pastine v. AltmanSupreme Court of Connecticut · 1919
  3. Saulsberry v. MaddixCourt of Appeals for the Sixth Circuit · 1942
  4. Kansas City Southern Railway Co. v. SandlinMissouri Court of Appeals · 1913
  5. Shober Farms, Inc. v. MerrillSuperior Court of Pennsylvania · 1955

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