Nazro v. Long
Massachusetts Supreme Judicial Court
Writ of entry to recover certain land in Wareham, dated January 11, 1899. The answer set forth in full the facts relied upon in defence and hereafter stated. At the hearing in the Superior Court, before Bichardson, J., without a jury, it appeared, that the demanded premises were a portion of a tract of about twelve acres, formerly constituting the farm or estate of Abijah Long of Wareham.
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Writ of entry to recover certain land in Wareham, dated January 11, 1899. The answer set forth in full the facts relied upon in defence and hereafter stated. At the hearing in the Superior Court, before Bichardson, J., without a jury, it appeared, that the demanded premises were a portion of a tract of about twelve acres, formerly constituting the farm or estate of Abijah Long of Wareham. Both demand-ant and tenant claimed title through Abijah Long, who had been in possession of the premises since March 24, 1845, and until he died intestate on April 17, 1885. He left a widow, Pauline Long,…
1Opinion of the CourtKnowlton, J.
We may assume in favor of the demandant that if the tenant had no rights in the property the demandant’s title would be sufficiently proved by the facts stated.
The judge rightly ruled that the deed under which the tenant claims is void, because under the Pub. Sts. c. 142, § 1, the Probate Court had no jurisdiction to make the decree on which it was founded without first' giving notice to persons interested. Such a notice is expressly required by the statute, and if it were not, the principles of natural justice would require it. Pratt v. Bates, 161 Mass. 315, 318. Shaw v. Paine, 12 Allen,…
2Cases cited5 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Pratt v. BatesMassachusetts Supreme Judicial Court · 1894
- Nott v. C. T. Sampson Manufacturing Co.Massachusetts Supreme Judicial Court · 1886
3Cited by8 opinions
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Hellier v. LoringMassachusetts Supreme Judicial Court · 1922
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
- Cleval v. SullivanMassachusetts Supreme Judicial Court · 1927
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