Daley v. Francis
Massachusetts Supreme Judicial Court
Writ op entry, dated January 5, 1888, to recover a parcel of land in New Bedford. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows.
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Writ op entry, dated January 5, 1888, to recover a parcel of land in New Bedford. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The demandant is the widow of Patrick Daley, deceased, and took a life estate in the demanded premises under his will, which was duly admitted to probate on January 2, 1880. She thereupon entered into possession of the premises by taking the rents thereof until a sale by auction of the same by the executor, on October 31,1885, to the tenant, for a fair price and in good faith, under…
1Opinion of the CourtW. Allen, J.
The demandant is tenant for life of the demanded premises, under the will of her husband, Patrick Daley, and was in possession under her title until the tenant took possession, claiming title under a sale to him by the executor of said Patrick, by license of the Probate Court, to pay debts of the testator. The sale was made during the time within which the demandant had a right to appeal from the decree granting the license, and after the sale the demandant duly appealed from the decree.
The only question presented by the report is, whether the appeal vacated the decree, so that the tenant…
2Cases cited3 opinions
- Jameson v. Gregory's Ex'rCourt of Appeals of Kentucky · 1863
- Francis v. DaleyMassachusetts Supreme Judicial Court · 1890
- York v. NoyesMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
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