Almy v. Wolcott
Massachusetts Supreme Judicial Court
This was a writ of Entry sur disseizin, in which the demandants counted on their own seizin, and on a disseizin by the tenant.
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This was a writ of Entry sur disseizin, in which the demandants counted on their own seizin, and on a disseizin by the tenant. The cause was tried upon the general issue, at the last November term in this county, before the Chief Justice ; from whose report it appeared, that the demandants claimed under an extent of two executions upon the demanded premises, which issued upon judgments recovered by the demandants, at the Court of Common Pleas, January, 1815 ; the one against one John Folsom, then the owner of the demanded premises, for $ 402-72, and the other against said Folsom and one…
1Opinion of the Court
Curia.
The objections, made to the title of the demandants, rest upon a mistaken opinion of the effect of the original attachment made by the demandants. We must consider that attachment as made at the time the return bears date ; although a memorandum only was then made of it. The arrest, subsequently made by the officer of the county of Norfolk, was void, because an attachment of property had been previously made. The service of the summons was * necessary to complete the attachment; but that service, being afterwards seasonably made, had relation to the time of the attachment.
We cannot…
2Cited by3 opinions
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
- Brinley v. AllenMassachusetts Supreme Judicial Court · 1801
- Trafton v. GardinerSupreme Judicial Court of Maine · 1855