Warren v. Childs
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandant counts upon his own seisin, and upon a disseisin by the tenant.
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This was a writ of entry sur disseisin, in which the demandant counts upon his own seisin, and upon a disseisin by the tenant. The parties agreed to submit the action to the decision of the Court upon the following facts: On the 7th of November, 1810, one Ephraim Dutton, being seised in fee of the demanded premises, mortgaged the same to Joshua Gage; and on the 29th of June, 1811, for a valuable consideration, conveyed the same by deed with warranty to *B. and N. Tucker, referring [ * 223 ] to and excepting the encumbrance thereon to Gage; which deed was duly acknowledged and recorded on the…
1Opinion of the CourtSewall, C. J.
In all cases the demandant is to recover upon proof of the title relied on in the count of the writ, which admits the seisin of the tenant. If the demandant in the case at bar acquired no title by the levy of his execution against Dutton, he had no seisin ; the count is not maintained. For, in that case, the demandant has not been disseised by the tenant; and whether he can prove a title in himself, excepting as an actual seisin is a title until a better title is proved, is not the question now to be decided.
The demandant’s execution having been levied within thirty days after judgment, if he…
2Cases cited5 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805
- White v. BondMassachusetts Supreme Judicial Court · 1820
- Porter v. PerkinsMassachusetts Supreme Judicial Court · 1809
- Bennett v. IrwinNew York Supreme Court · 1808
3Cited by12 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Porter v. PerkinsMassachusetts Supreme Judicial Court · 1809
- Forster v. MellenMassachusetts Supreme Judicial Court · 1813
- Lyons v. UrgalonesMassachusetts Supreme Judicial Court · 1905
- Mayo v. LibbyMassachusetts Supreme Judicial Court · 1815
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