Legal Opinion

Porter v. Hill

Massachusetts Supreme Judicial Court

Decided May 15, 1812PublishedCited by 40 opinions

This was a writ of entry sur disseisin in the per, wherein three several parcels of land lying in Biddeford are demanded. The demandant counts upon his own seisin within thirty years, and alleges a disseisin by John Pitts, who demised to the tenant.

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This was a writ of entry sur disseisin in the per, wherein three several parcels of land lying in Biddeford are demanded. The demandant counts upon his own seisin within thirty years, and alleges a disseisin by John Pitts, who demised to the tenant. On the trial of the general issue, the jury found a special verdict, containing the following facts, viz.: That John Tyng, being seised in fee simple of a large tract of land, including the demanded premises, sold the same in fee to Benjamin Nason, Jun., and Ezekiel Bradstreet, in joint-tenancy, who afterwards reconveyed the land to the said Tyng,…

1Opinion of the Court

Two principal points arise out of the facts found by the jury in this case: — one as to the parcels claimed by the demandant under Bradstreet’s deed to him; the other as to the parcel which the demandant claims under Nason’s deed.

*41As to the first, nothing passed by Bradstreet’s deed. The partition made by the joint-tenants, by parole, is void, as within the statute of frauds; and, notwithstanding their subsequent several occupancy, they remained jointly seised in fee simple, as they are to be considered as having the legal estate against all persons but the mortgagee. And one joint-tenant…

2Cases cited5 opinions

  1. Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
  2. Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
  3. Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
  4. Porter v. PerkinsMassachusetts Supreme Judicial Court · 1809
  5. Baldwin v. WhitingMassachusetts Supreme Judicial Court · 1816

3Cited by40 opinions

  1. Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
  2. Gates v. SalmonCalifornia Supreme Court · 1868
  3. Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
  4. Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
  5. Campau v. GodfreyMichigan Supreme Court · 1869

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