Somes v. Skinner
Massachusetts Supreme Judicial Court
This was a writ oí entry sur disseisin, in which the administrator of Nehemiah Somes demanded of John Skinner seisin of a tenement in Boston, counting upon the seisin of William S. Skinner on the 8th of January, 1811, and a conveyance by him on that day to the intestate in fee and in mortgage, and alleging a disseisin done by the tenant to the intestate. The tenant pleaded non disseisivit, and on that plea issue was joined.
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This was a writ oí entry sur disseisin, in which the administrator of Nehemiah Somes demanded of John Skinner seisin of a tenement in Boston, counting upon the seisin of William S. Skinner on the 8th of January, 1811, and a conveyance by him on that day to the intestate in fee and in mortgage, and alleging a disseisin done by the tenant to the intestate. The tenant pleaded non disseisivit, and on that plea issue was joined. To prove the seisin of the intestate the demandant produced a deed .of mortgage from W. S. S. to the intestate, dated the 8th of January, 1811, and recorded in September,…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. [After stating the facts.] It appears from the foregoing recital, that on the 1st of July, 1805, Codrnan.became seised in fee and in mortgage of the estate by virtue of the deed to him, the prior deed of W. S. S. to his father not having been registered until after that time, and Codman havingpno knowledge of the prior deed. But as the deed to J. S. the father was registered after-wards, and before any assignment of the mortgage by Codman, J. S. the father was seised of the equity of redemption of that mortgage. The deed of release and quitclaim…
2Cases cited18 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Carver v. JacksonSupreme Court of the United States · 1830
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Mason v. MuncasterSupreme Court of the United States · 1824
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