Swan v. Stephens
Massachusetts Supreme Judicial Court
Writ of entry, dated January 22, 1867, for possession of a dwelling-house and land in Lowell. Plea, nul disseisin. Subject to the demandant’s objection that, under this plea, the ten ant could assert no right of homestead in the demanded prem ises, the facts were agreed in the superior court as follows: On September 2,1854, the tenant received a conveyance of part of the land with the dwelling-house; and on July 4, 1857, one of the rest of the land, which lay contiguous to…
Read the full summary
Writ of entry, dated January 22, 1867, for possession of a dwelling-house and land in Lowell. Plea, nul disseisin. Subject to the demandant’s objection that, under this plea, the ten ant could assert no right of homestead in the demanded prem ises, the facts were agreed in the superior court as follows: On September 2,1854, the tenant received a conveyance of part of the land with the dwelling-house; and on July 4, 1857, one of the rest of the land, which lay contiguous to the former jot. Each parcel of land contained forty-one hundred and forty-six square feet. From the time of the…
1Opinion of the CourtWells, J.
Upon the statement of facts it is clear that the tenant acquired an estate of homestead in the dwelling-house and lot of land purchased in 1854; and that he had no such ight in the second parcel, purchased in 1857. The demandan# *9is therefore entitled to have judgment for full possession of the second parcel; and also for the other parcel, subject to the rights of homestead in the tenant and his family; unless this result is required to be modified by some of the considerations urged by the respective parties. St. 1855, c. 238. St. 1857, c. 298.
1. The tenant denies the validity of the…
2Cases cited3 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Higbee v. RiceMassachusetts Supreme Judicial Court · 1809
- Vertrees v. SheanCourt of Appeals of Kentucky · 1859
3Cited by14 opinions
- Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1886
- Letchford v. CaryMississippi Supreme Court · 1876
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1941
- Eastham v. BarrettMassachusetts Supreme Judicial Court · 1890
9 more not listed; retrieve them via the Exa API.