Nugent v. Cloon
Massachusetts Supreme Judicial Court
Writ of review of a judgment rendered by the Superior Court upon a writ of entry brought by the present defendant to recover possession of a parcel of land in Lynn, and in which the present plaintiff was defaulted.
Read the full summary
Writ of review of a judgment rendered by the Superior Court upon a writ of entry brought by the present defendant to recover possession of a parcel of land in Lynn, and in which the present plaintiff was defaulted. The case was submitted to the Superior Court, and to this court on appeal, after judgment for the defendant in review, on in agreed statement of facts in substance as follows ; On May 1,1863, Nathan Pool was seised as owner in fee of the premises described in the writ; and on that day he executed and delivered to Sylvester Nugent, the husband of the plaintiff in review, a bond,…
1Opinion of the CourtWells, J.
This, being a writ of entry, must depend entirely upon the question whether the demandant has the better legal title. The equitable rights of either party, under the original agreement between Pool and Nugent, and its transfer to Mrs. Parton, cannot be enforced or protected in this proceeding, even if the facts were sufficiently developed to enable the court properly to determine those rights.
By the will of Nathan Pool the title to the estate vested in the trustee, with a general and unrestricted power to sell and reinvest. It was a power attached to the trust, and not personal to the nominee…
2Cases cited1 opinion
- Savings Bank v. BentonCourt of Appeals of Kentucky · 1859
3Cited by11 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
- Lahey v. . KortrightNew York Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.