Mayo v. Libby
Massachusetts Supreme Judicial Court
This was a petition for partition of a certain lot of land lying m Hampden in this county, in which the said Mayo fy al. alleged themselves to be seized of a certain share in common with persons to them unknown.
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This was a petition for partition of a certain lot of land lying m Hampden in this county, in which the said Mayo fy al. alleged themselves to be seized of a certain share in common with persons to them unknown. Public notice having been given, pursuant to the statute, (1) to all persons interested to come in and show cause, &c., the respondent, Libby, entered his appearance, and, as to a part of the lot described in the petition, pleaded that he was sole seized thereof, and traversed the seizin of the petitioners, as set forth in their petition, and upon this traverse issue was taken and…
1Opinion of the CourtParker, C. J.
Upon the equity of this case there can be no question. Indeed, the claim of the heirs of Ebenezer Mayo, if they can be presumed to know the state of the transaction between their father and the respondent, partakes so much of fraud, that it would be lamentable that the strict principles of law should give them success. Their father appears to have discovered no disposition to take advantage of the deed from the committee having been made to him alone. He claimed no more than his just proportion of the land, and did not disturb Libby in the enjoyment of the part he had purchased ; probably…
2Cases cited7 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805
- Warren v. ChildsMassachusetts Supreme Judicial Court · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bradford v. McQuestenMassachusetts Supreme Judicial Court · 1902
- Cary v. WhitneySupreme Judicial Court of Maine · 1860
- Sessions v. Doe ex dem. ReynoldsMississippi Supreme Court · 1846
- Banton v. CrosbySupreme Judicial Court of Maine · 1901
- Thorndike v. BarrettSupreme Judicial Court of Maine · 1825