Sweet v. Rechel
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The real estate — the title to which is involved in the present writ of entry — formerly belonged to Peleg Tallman, Sen., of Maine, who died on the 12th day. of March, 1840, having made a will which was duly admitted to record in that State, and a copy whereof was admitted to probate, May 10, 1841, in Suffolk County, Massachusetts, where the premises in controversy are situated.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The real estate — the title to which is involved in the present writ of entry — formerly belonged to Peleg Tallman, Sen., of Maine, who died on the 12th day. of March, 1840, having made a will which was duly admitted to record in that State, and a copy whereof was admitted to probate, May 10, 1841, in Suffolk County, Massachusetts, where the premises in controversy are situated. The parcel of land in dispute, with other real estate, was devised to Henry Tallman, to hold for life, and at his decease to descend…
1Opinion of the CourtJustice Harlan
The grounds upon which the plaintiffs impeach the validity of the sale of 1844 are: That the notice required to be given of the proceedings in the Suffolk Probate Court was not shown to have been published as often as required, and, therefore, such jurisdiction of the ward was not acquired as authorized an order for the sale of his. property ; that the notice of the sale did not specify both the time and place of sale; that the guardian could only sell for money in hand, and was without authority to sell and convey and immediately take, as was done, a mortgage back for the purchase money;…
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