Smith v. Rice
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant counted upon his own seisin of six several parcels of land within thirty years, and a disseisin by the tenant.
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This was a writ of entry, in which the demandant counted upon his own seisin of six several parcels of land within thirty years, and a disseisin by the tenant. The tenant pleaded the general issue, which was joined, and tried before Jackson, J., at the sittings here after the last November term; and a verdict was taken for the demandant by consent, subject to the opinion of the Court upon the following case: — One Israel Smith was seised of the demanded premises in fee, and died so seised in 1802, leaving no issue, but leaving four brothers and sisters, of whom the demandant is one. The…
1Opinion of the CourtJackson, J.
The demandant is entitled to recover in this case, as one of the co-heirs of his brother Israel Smith, unless the partition and assignment made by the judge of probate is legal, and sufficient to bar his claim.
Several objections have been made to this partition; but it is not necessary to consider more than one of them, which is decisive in favor of the demandant.
By the statute of 1783, c. 36, the judge of probate is authorized to make partition of all the real estate of an intestate among his heirs. Such partition may also be effected by writ of partition at common law; and also by petition…
2Cases cited3 opinions
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- Hunt v. HapgoodMassachusetts Supreme Judicial Court · 1808
- Warren v. ChildsMassachusetts Supreme Judicial Court · 1814
3Cited by51 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Kenney v. GreerIllinois Supreme Court · 1851
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
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