Cook v. Allen
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, wherein the said Cook demanded against the said Allen certain land in Sandford, and whereupon he said that, within thirty years last past, in a time of peace, he was seised of the demanded premises in his demesne as of fee, taking the profits, &c., — yet the said Allen had within that time unjustly, and without judgment of law, disseised him thereof, &c.
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This was a writ of entry sur disseisin, wherein the said Cook demanded against the said Allen certain land in Sandford, and whereupon he said that, within thirty years last past, in a time of peace, he was seised of the demanded premises in his demesne as of fee, taking the profits, &c., — yet the said Allen had within that time unjustly, and without judgment of law, disseised him thereof, &c. As to a part of the land demanded, (describing it by metes and bounds,) the tenant pleads that he never disseised, &c. — and as to the residue, a disclaimer. Upon the first plea the demandant joins…
1Opinion of the Court
*420■ The cause was then continued by the Court for advisement, and now at this term the following opinion was delivered by
Parsons, C. J.
This action is on a writ of entry sur disseisin in the quibus, in which the demandant demands of the tenant seisin of 78 acres and 44 rods of land. The tenant, as to part, pleads nul disseisin, on which issue is joined ; and as to the residue, he pleads non-tenure with disclaimer, which is traversed by the demandant, and issue joined. On the trial, both the issues are found [ * 468 ] for the tenant. The direction of the judge * before whom the issues were tried…
2Cited by24 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Masten v. . OlcottNew York Court of Appeals · 1886
- ButrickMassachusetts Supreme Judicial Court · 1904
- Lawrence v. . HardySupreme Court of North Carolina · 1909
- Hastings v. WebberSupreme Court of Vermont · 1829
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