Elwell v. Shaw
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, tried before Wilde, J., upon the general issue, June term, 1817, at Castine. The demandant proved his seisin, deriving his title from the original proprietor of the demanded premises.
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This was a writ of entry sur disseisin, tried before Wilde, J., upon the general issue, June term, 1817, at Castine. The demandant proved his seisin, deriving his title from the original proprietor of the demanded premises. The tenant, to maintain the issue on his part, read in evidence a letter of attorney from the demandant to one Joshua Elwell, in the following terms, so far as it-had any bearing upon the issue: “ Know all men by these presents, that I, Jonathan Elwell, of, &c., do make, ordain, constitute and appoint Joshua Elwell, of, &c.,my true and lawful attorney, for me and in my…
1Opinion of the CourtWilde, J.
We have examined the cases cited in the argument of this cause, with a strong wish to discover some ground, which would authorize a decision according to the apparent equity of the case. The objection made to the grant to the tenant is merely technical; and it is impossible that any one should doubt as to the intention of the parties. Nevertheless the objection is supported by all the adjudged cases relating to the point.
It does not appear that the authority of Coombes’s case is at all shaken by more modern decisions. All concur in laying it down as an indispensable requisite, to give…
2Cited by37 opinions
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Townsend v. CorningNew York Supreme Court · 1840
- Seretto v. SchellMassachusetts Supreme Judicial Court · 1923
- Griggs v. StateSupreme Court of Alabama · 1877
- President of the Northampton Bank v. PepoonMassachusetts Supreme Judicial Court · 1814
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