Somes v. Brewer
Massachusetts Supreme Judicial Court
This case, which was upon a writ of entry sur disseisin wherein the demandant claimed two parcels of land in Boston, was submitted to the determination of the Court upon a statement of facts. On the 15th of November 1815, John Somes, the demandant, came of age, being then seised in fee and in mortgage of one of the parcels of land, and in fee simple absolute of the other.
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This case, which was upon a writ of entry sur disseisin wherein the demandant claimed two parcels of land in Boston, was submitted to the determination of the Court upon a statement of facts. On the 15th of November 1815, John Somes, the demandant, came of age, being then seised in fee and in mortgage of one of the parcels of land, and in fee simple absolute of the other. On the 20th of the same November he made an assignment of the deed of mortgage, in due form of law, to William S. Skinner, who, on the 16th of March 1816, entered into the mortgaged' premises for condition broken. On the 23d…
1Opinion of the Court
Parker C. J.
[After stating the facts.] On this state of facts we are called upon by the demandant, through his guardian, to vacate the title of the tenant in the parcels of land conveyed as before mentioned, on the ground that the deeds to Skinner were void, so that no title can be founded on them adverse to the demandant. By the judgment of this Court in an action heretofore brought by Somes against Skinner, for other tenements conveyed under like circumstances, after a trial by a jury, Somes has recovered his seisin and possession ; and it is now supposed that for the same causes he has a…
2Cases cited9 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
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- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
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