Howell v. Saule
U.S. Circuit Court for the District of Rhode Island
Ejectment [by Martha Howell against Heni-y Saule and others]. Plea, the general issue. Both parties claimed the estate in question, under Martha Brown, wife of Elisha Brown. On the 1st of July, 1760, she, being then a feme covert, made her will, which upon her death was proved in the probate court in October, 1705; and among other items, she made the following devise.
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Ejectment [by Martha Howell against Heni-y Saule and others]. Plea, the general issue. Both parties claimed the estate in question, under Martha Brown, wife of Elisha Brown. On the 1st of July, 1760, she, being then a feme covert, made her will, which upon her death was proved in the probate court in October, 1705; and among other items, she made the following devise. “Item, I give and devise to my son, Jeremiah Brown, two small lots, part of the aforesaid estate, lying southwest wardly from the southwest end of the back street of said Charlestown (part of Providence), number the first and…
1Opinion of the Court
ST Oil Y, Circuit Justice.
It is admitted, that the boundaries stated in the deed of 1768, from John Brown to his brother Jeremiah, include the premises now demanded, If we stop at the clause in that deed, which refers to his mother’s will. But it is contended by the demandant, that these boundaries are controlled by this last clause, so as to include such land only, as the mother devised to Jeremiah. The whole piece of plain land contains about five acres; but cut •down, as the demandant contends for, it will include only three and one half acres.
Bet us, then, first consider the terms of the'…
2Cited by6 opinions
- Nichols v. New England Furniture Co.Michigan Supreme Court · 1894
- Wilson v. UnderhillMassachusetts Supreme Judicial Court · 1871
- Brown v. BellowsMassachusetts Supreme Judicial Court · 1826
- Drury v. MorseMassachusetts Supreme Judicial Court · 1862
- Lessee of William L. Brown and Wife, in Error v. Joseph Clements and Jonathan Hunt, in ErrorSupreme Court of the United States · 1845
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