Butrick v. Tilton
Massachusetts Supreme Judicial Court
Writ of ertry, dated November 11, 1884, and returnable to the Superior Court, to recover a parcel of land in Haverhill. The declaration described the land demanded by metes and bounds; and alleged that the demandants “ were seised of the messuage as aforesaid, with the appurtenances, in their demesne as of fee, within twenty years last past,” and that the tenant had disseised them.
Read the full summary
Writ of ertry, dated November 11, 1884, and returnable to the Superior Court, to recover a parcel of land in Haverhill. The declaration described the land demanded by metes and bounds; and alleged that the demandants “ were seised of the messuage as aforesaid, with the appurtenances, in their demesne as of fee, within twenty years last past,” and that the tenant had disseised them. The tenant filed a demurrer to the declaration, on the ground that the demandants had not set forth the estate that they claimed in the premises, whether it was a fee simple, fee tail, or for life.* Pitman, J.,…
1Opinion of the CourtMortor, C. J.
The allegation in the declaration, that the demandants were seised “ in their demesne as of fee,” is a sufficient allegation that they were seised in fee simple; and the tenant’s demurrer was rightly overruled.
The demandants are the heirs at law of Nathan Ayer, who died in 1818. To prove the title of their ancestor, they offered in evidence two deeds to him, one from Lydia Perley, in which her husband joined, dated January 2, 1810, and the other from Peter Ayer, John Ayer, and Abiah West, dated February 21, *951811. These deeds were not recorded until October 24, 1884; and it was objected…
2Cases cited6 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873
- Swan v. StephensMassachusetts Supreme Judicial Court · 1868
- Mattoon v. BarnesMassachusetts Supreme Judicial Court · 1873
- Valentine v. WheelerMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ball v. AllenMassachusetts Supreme Judicial Court · 1914
- Worden v. WordenWashington Supreme Court · 1917
- Harlow Realty Co. v. CotterMassachusetts Supreme Judicial Court · 1933
- ButrickMassachusetts Supreme Judicial Court · 1904
- Sheriff's Meadow Foundation, Inc. v. Bay-Courte Edgartown, Inc.Massachusetts Supreme Judicial Court · 1987
13 more not listed; retrieve them via the Exa API.