Pidge v. Tyler
Massachusetts Supreme Judicial Court
This was a real action, in which the demandant counted on his own seisin within thirty years. Upon trial before the Chief Justice, at the sittings here after the last October term, a verdict was found for the demandant, subject to the opinion of the Court on the following report of the judge, who sat on the trial * “ The demandant’s title was founded on a deed of [ * 542 ] bargain and sale, executed to him on the 15th day of April, A. D. 1766, by John Pidge, who was then…
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This was a real action, in which the demandant counted on his own seisin within thirty years. Upon trial before the Chief Justice, at the sittings here after the last October term, a verdict was found for the demandant, subject to the opinion of the Court on the following report of the judge, who sat on the trial * “ The demandant’s title was founded on a deed of [ * 542 ] bargain and sale, executed to him on the 15th day of April, A. D. 1766, by John Pidge, who was then seised in fee of the demanded premises, in the presence of two subscribing witnesses, John Pidge, Jun., and Benjamin Ide.…
1Opinion of the Court
The question upon this report having been submitted, without argument, to the decision of the Court, their opinion was now delivered by
Parsons, C. J.
The deed, in this case, was objected to at the trial as not within the provincial statute of 9 W. 3, c. 7, regulating the conveyances of land. It was admitted de bene esse, for the purpose of reserving the question for the opinion of the whole Court, if the demandant obtained a verdict. The jury found the issue for him, and we are now to decide on the validity of the objection ; the parties having agreed that, if the deed ought not to have been…
2Cited by23 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- McOuatt v. McOuattMassachusetts Supreme Judicial Court · 1946
- Bryan v. BradleySupreme Court of Connecticut · 1844
- Bank of America, N.A. v. CaseyMassachusetts Supreme Judicial Court · 2016
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
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