President, Directors, & Co. v. Chamberlin
Massachusetts Supreme Judicial Court
This was a writ of entry, upon the seisin of the demandants within thirty years, in fee and in mortgage. The demandants claimed under the deed of one John D. Waterman, an infant aged nineteen years. The tenants claimed under a deed from the same grantor after he came to full age; which deed recognizes the deed by him given to the demandants, and conveys the premises subject to the same.
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This was a writ of entry, upon the seisin of the demandants within thirty years, in fee and in mortgage. The demandants claimed under the deed of one John D. Waterman, an infant aged nineteen years. The tenants claimed under a deed from the same grantor after he came to full age; which deed recognizes the deed by him given to the demandants, and conveys the premises subject to the same. The cause coming on for trial, at the last May term in this county, before Putnam, J., and he being of opinion that the deed to the demandants was voidable only, and that the deed to the tenants did not avoid…
1Opinion of the Court
But the Court agreed in opinion, with the judge who sat at the trial, that the deed of the infant to the demandants was voidable only. The deed to the tenants was a recognition of it, and made it good and effectual. The cases from New York were different. The second deed in this case was a confirmation of the former one, and nod no operation to avoid it. Let judgment be entered for the demandants, as on mortgage.
Gold for the demandants, (a)
Barnaby vs. Barnaby, 1 Pick. 221. — Oliver vs. Houdlett & Al. 13 Mass. Rep 239. — Roof vs. Stafford, 7 Cowen, 9. — Belton vs. Briggs, 4 Dess. 465.— Course…
2Cases cited4 opinions
- Jackson ex dem. Brayton & Dunham v. BurchinNew York Supreme Court · 1817
- Jackson ex dem. Dunbar v. ToddNew York Supreme Court · 1810
- Conroe v. BirdsallNew York Supreme Court · 1799
- White v. Flora and CherryTennessee Supreme Court · 1815
3Cited by14 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Bool v. MixNew York Supreme Court · 1837
- Askey v. WilliamsTexas Supreme Court · 1889
- Law v. LongIndiana Supreme Court · 1873
- Allen v. PooleMississippi Supreme Court · 1877
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