Gray v. Gardner
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin in the post, in which the demandant counted on the seisin of his father within fifty years, and a disseisin by Sylvanus Hussey. Upon the general issue pleaded, the cause was tried before Sewall, J., at the sittings, after the last November term, in this county, and a verdict taken for the tenant, subject to the opinion of the Court upon a statement of the evidence to be reported by the judge.
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This was a writ of entry sur disseisin in the post, in which the demandant counted on the seisin of his father within fifty years, and a disseisin by Sylvanus Hussey. Upon the general issue pleaded, the cause was tried before Sewall, J., at the sittings, after the last November term, in this county, and a verdict taken for the tenant, subject to the opinion of the Court upon a statement of the evidence to be reported by the judge. The tenant, having admitted on the trial that tfife demandant’s father died intestate, seised of the demanded premises, and that the share demanded descended to the…
1Opinion of the Court
By the Court.
On the evidence produced in the trial of this action, the jury were directed that they might lawfully presume that the administrators had in fact published the advertisements, and taken the oath required by statute previous to the sale. The length of time after the sale, before the legality of it was questioned; the acquiescence of all the heirs, except the demandant; the evidence of the publicity, .and of the fairness of the sale; together with the license to sell, which was produced, are strong circumstances to show that all the proceedings were regular and duly authorized. And…
2Cases cited3 opinions
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- Knox v. JenksMassachusetts Supreme Judicial Court · 1811
- Blossom v. CannonMassachusetts Supreme Judicial Court · 1817
3Cited by22 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Knox v. JenksMassachusetts Supreme Judicial Court · 1811
- Sumner v. ChildSupreme Court of Connecticut · 1818
- Hill v. DraperNew York Supreme Court · 1851
- Brownell v. PalmerSupreme Court of Connecticut · 1852
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