Daniels v. Daniels
Massachusetts Supreme Judicial Court
This was an action of the case. The declaration contained several counts. That on which the verdict was found states, that Japhet Daniels, deceased, was seised in fee simple of sixty acres of land in Holliston, having purchased the same of the defendant Dix, by his deed duly executed, but not recorded; that the said grantee died so seised and intestate, and thereupon the tenements descended to the plaintiffs Japhet, Cynthia, and Melatiah ; and to the defendants Osimus and…
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This was an action of the case. The declaration contained several counts. That on which the verdict was found states, that Japhet Daniels, deceased, was seised in fee simple of sixty acres of land in Holliston, having purchased the same of the defendant Dix, by his deed duly executed, but not recorded; that the said grantee died so seised and intestate, and thereupon the tenements descended to the plaintiffs Japhet, Cynthia, and Melatiah ; and to the defendants Osimus and Amariah, his children and heirs; that the defendants, with intent to defraud the plaintiffs of their shares and interest…
1Opinion of the Court
The action was continued nisi after the argument, and the opinion of the Court was delivered at the succeeding November term in Suffolk, by
Parsons, C. J.
The counsel for the defendants have argued that, the interests of the plaintiffs in the land being several, and not joint, each of the plaintiffs should have prosecuted severally; and that because they have sued jointly, the judgment ought to be arrested.
Upon the death of the ancestor, the estate descended to all his children, they making in legal contemplation but one heir; and being considered as qua parceners, they must all have joined in…
2Cited by9 opinions
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
- Campbell v. WallaceSuperior Court of New Hampshire · 1841
- Needham v. HillMassachusetts Supreme Judicial Court · 1879
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