Barnard v. Fisher
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandant counts on his own seisin within one year, and on a disseisin by the tenant, of four several parcels of land.
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This was a writ of entry sur disseisin, in which the demandant counts on his own seisin within one year, and on a disseisin by the tenant, of four several parcels of land. The action was tried upon the general issue, before Sewall, J„, at the last March term in this county, and a verdict taken for the demandant, subject to the opinion of the Court, upon the report of the judge who sat in the trial, it being agreed that the verdict may be amended, or set aside, according to the opinion of the Court. From the report of the judge it appears that several parcels of land, described in the writ,…
1Opinion of the CourtParker, J.
With respect to the objections taken at the trial, which relate to the swearing of the appraisers, we are all of opinion that they do not avail against the levy, so as to render it void.
The terms of the statute, relied on to support the third exception, can be construed to mean nothing more than that any justice of the peace, within the county, may administer the oath; and the practice adopted in this case, of administering the oath by one of the appraisers, who happens to be a magistrate, and he, either before or afterwards, taking the oath before some other magistrate, has prevailed very…
2Cited by9 opinions
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Beers v. PlaceDistrict Court, D. Connecticut · 1870
- Litchfield v. CudworthMassachusetts Supreme Judicial Court · 1833
- Bamford v. MelvinSupreme Judicial Court of Maine · 1830
- Handly v. CallSupreme Judicial Court of Maine · 1849
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