Borland v. Dean
U.S. Circuit Court for the District of Massachusetts
At law. This was a writ of formedon in remainder. There were several pleas in the case: 1. The general issue, ne done pas: 2. A special plea, setting forth, in substance, that the estate had been confiscated by a judgment at law, under the revolutionary confiscation acts of Massachusetts, as the es'-tate of the prior tenant in tail, John Lindall Borland. There was a demurrer to this plea and a joinder in demurrer.
Read the full summary
At law. This was a writ of formedon in remainder. There were several pleas in the case: 1. The general issue, ne done pas: 2. A special plea, setting forth, in substance, that the estate had been confiscated by a judgment at law, under the revolutionary confiscation acts of Massachusetts, as the es'-tate of the prior tenant in tail, John Lindall Borland. There was a demurrer to this plea and a joinder in demurrer. There was also a claim for improvements, under the act of Massachusetts of 1807, c. 75. At the trial under the general issue, it appeared that Timothy Lindall, the ancestor of the…
1Opinion of the Court
STOBT, Circuit Justice.
If this question were entirely new and unaffected by authority, I own that I should think there was much reason to go the whole length of the argument of the demandant’s counsel. The statute of 1807, e. 75, may be considered a remedial statute; but it is one, which goes in direct derogation of rights well established at the common law; The statute does not purport to adjust rights founded upon mere equities. It makes no discrimination between an innocent possessor or purchaser, and a trespasser knowing his own want of title, and acting openly in defiance of the rights…
2Cases cited4 opinions
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
- Jackson ex dem. Gratz v. CatlinNew York Supreme Court · 1807
- Gilbert v. BellMassachusetts Supreme Judicial Court · 1818
3Cited by5 opinions
- Robins Island Preservation Fund, Inc. v. Southold Development CorporationCourt of Appeals for the Second Circuit · 1992
- United States v. Athens ArmorySupreme Court of Georgia · 1868
- Thompson v. CarrSuperior Court of New Hampshire · 1831
- Citizens Bank v. HyamsSupreme Court of Louisiana · 1890
- Shields v. ShiffSupreme Court of Louisiana · 1884