Kendall v. Lawrence
Massachusetts Supreme Judicial Court
This was a real action brought to recover an undivided moiety of a tract of woodland containing about ten acres, lying partly in Sterling and partly in Lancaster. The trial was before Shaw C. J. The demandant claimed title under an attachment of the land as the property of John W. Buttrick, made on the 31st of January, 1837, and the subsequent extent of his execution.
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This was a real action brought to recover an undivided moiety of a tract of woodland containing about ten acres, lying partly in Sterling and partly in Lancaster. The trial was before Shaw C. J. The demandant claimed title under an attachment of the land as the property of John W. Buttrick, made on the 31st of January, 1837, and the subsequent extent of his execution. It was admitted, that the judgment recovered by the demand-ant against J. W. Buttrick was founded upon two notes, one given to the demandant for his own use, and the other, payable to John Buttrick or his order; that the last…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. It appears by the case stated, that the defendant claims title to the one undivided half of the tract of woodland, which is the subject of this suit, under a deed executed by John W. Buttrick, whilst he was a minor, under twenty-one years of age. The plaintiff claims under an attachment of the same moiety, as the property of the same John W. Buttrick, made after the latter came to full age, and before he had done any act, after coming of age, either confirming or rescinding the conveyance to Lawrence, the defendant. Upon this evidence it' was ruled,…
2Cases cited3 opinions
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
- President, Directors, & Co. v. ChamberlinMassachusetts Supreme Judicial Court · 1818
- Nightingale v. WithingtonMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- Englebert v. TroxellNebraska Supreme Court · 1894