Everenden v. Beaumont
Massachusetts Supreme Judicial Court
This action was a writ of entry in the post, in which the demand-ants claim two undivided tenth parts of the tenements described in their writ, and they count on the seisin of their father, Abijah Everenden, within fifty years, alleging that the tenant has no entry, but after an abatement of the heirs, on the death of their father, by one Josiah Bussey. * The general issue was pleaded ; and also, by leave of [ * 77 ] the Court, a plea in bar, in which the defendants allege…
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This action was a writ of entry in the post, in which the demand-ants claim two undivided tenth parts of the tenements described in their writ, and they count on the seisin of their father, Abijah Everenden, within fifty years, alleging that the tenant has no entry, but after an abatement of the heirs, on the death of their father, by one Josiah Bussey. * The general issue was pleaded ; and also, by leave of [ * 77 ] the Court, a plea in bar, in which the defendants allege that, pending the suit, the demandants have, by deed, released all their right to the said James Beaumont, then in the…
1Opinion of the Court
Parsons, C. J
The issue in law before us is on the sufficiency *66of the replication; and we are all satisfied that the replication is no sufficient answer to the bar.
It appears from the allegations of the demandants, that they were never seised in fact of the premises, but only of the right, as Bussey, on the death of their father, abated them. But this right could not pass by their conveyance to Dunbar, because the law will not permit any person to sell a quarrel, (a) The deed, therefore, executed to Dunbar being void as a conveyance, it was competent for the demandants to release to Beaumont,…
2Cases cited2 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Swett v. PoorMassachusetts Supreme Judicial Court · 1814
3Cited by9 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Poor v. RobinsonMassachusetts Supreme Judicial Court · 1813
- Saint Patrick's Religious, Educational & Charitable Ass'n v. HaleMassachusetts Supreme Judicial Court · 1917
- Clark v. CloughSupreme Court of New Hampshire · 1883
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