Martin v. Woods
Massachusetts Supreme Judicial Court
This ivas a writ of entry in the quibus, in which the demandant counted upon his own seisin of lands in Townsend, * in this county, within thirty years, and upon a disseisin within that time by the tenant.
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This ivas a writ of entry in the quibus, in which the demandant counted upon his own seisin of lands in Townsend, * in this county, within thirty years, and upon a disseisin within that time by the tenant. The general issue being joined, a trial was had before the Chief Justice, at the sittings here after October term, 1809, and a verdict found, by consent of the parties, for the demandant, for one moiety only of the lands demanded, subject to the opinion of the Court on the fol-owing case, viz.: — , William Martin, and Anne, his wife, were formerly seised of the tenements demanded in fee…
1Opinion of the Court
* By the Court.
Whether Martin, the demandant, be or be not an alien, cannot be made a question in this action. It can be shown only in abatement. As we have decided in the case of Ainsley vs. Martin † that Ainsley is not to be considered an alien, the demandant can claim a moiety only of the land demanded.
The question which has most required our attention, respects the demandant’s right of entry. William Martin’s estate in the demanded premises being seized by the government, and judgment of forfeiture having been rendered, the same was conveyed by the agents for the commonwealth to Henry…
2Cited by6 opinions
- Kilham v. WardMassachusetts Supreme Judicial Court · 1806
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
- Hutchinson v. BrockMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Manchester v. Inhabitants of BostonMassachusetts Supreme Judicial Court · 1819
- Gibson v. JayneMississippi Supreme Court · 1859
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