Legal Opinion

Miller v. Ewing

Massachusetts Supreme Judicial Court

Decided September 15, 1850PublishedCited by 54 opinions

This was a writ of entry, brought by John Miller, Joel Miller, Abner Miller, Charles Ball, Edwin H. Ball, and Nathaniel Thorp and Elizabeth Thorp, his wife, in her right, to recover sixteen one hundred and seventy-fifth parts of a lot of land in Holyoke, formerly part of West Springfield, in the county of Hampden.

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This was a writ of entry, brought by John Miller, Joel Miller, Abner Miller, Charles Ball, Edwin H. Ball, and Nathaniel Thorp and Elizabeth Thorp, his wife, in her right, to recover sixteen one hundred and seventy-fifth parts of a lot of land in Holyoke, formerly part of West Springfield, in the county of Hampden. The writ bears date the 16th of April, 1850. The case was submitted to the court upon the following statement of facts : — Lieutenant John Miller died intestate in 1792, seized of a large estate, of which the demanded premises were parcel, leaving a widow, Lucretia, and five…

1Opinion of the CourtShaw, C. J.

The demandants claim sixteen one hundred and seventy-fifth parts of the land described in the writ, as heirs at law of Hepzibah Day, wife of Jedediah Day, and daughter of lieutenant John Miller, deceased. A large estate, of which the demanded premises are parcel, belonged to lieutenant John Miller, who died in 1792, seized intestate, leaving a widow, Lucretia, and five children; three sons, John, Abner, and Asaph, and two daughters, Merab, wife of Charles Ball, and Hepzibah, wife of Jedediah Day.

The widow’s dower was assigned and set out to her by metes and bounds in due course of law, and…

2Cases cited1 opinion

  1. Nolle v. ThompsonCourt of Appeals of Kentucky · 1860

3Cited by54 opinions

  1. First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
  2. Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
  3. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  4. Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
  5. Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951

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