Boylston v. Carver
Massachusetts Supreme Judicial Court
This was an action of entry sur disseisin. The title declared on, and proved at the trial of the action, upon a review, October term, 1812, before the present chief justice, was that, in 1804, the said Boylston, as administrator of Thomas Boylston, formerly of London, deceased, recovered judgment against Moses Gill, of ■Princeton, executor of the last will of Moses Gill, deceased, for a large sum of money; that he sued out execution upon said judgment, and caused it to be…
Read the full summary
This was an action of entry sur disseisin. The title declared on, and proved at the trial of the action, upon a review, October term, 1812, before the present chief justice, was that, in 1804, the said Boylston, as administrator of Thomas Boylston, formerly of London, deceased, recovered judgment against Moses Gill, of ■Princeton, executor of the last will of Moses Gill, deceased, for a large sum of money; that he sued out execution upon said judgment, and caused it to be satisfied in part by an extent upon the lands demanded, of which Gill, the testator, died seised, but of which the said…
1Opinion of the Court
The opinion of the Court was delivered by
Parker, C. J.
The several objections made to the levy of the execution, offered and received at the trial, we think are insufficient to set aside the verdict.
As to the first, that several distinct sets of appraisers were appointed to appraise the different parcels of real estate taken to satisfy the execution, it has been well answered, by showing that the statute does not prohibit such a proceeding, and that public convenience is promoted by it. In the levy objected to, the several parcels of land taken were situated *ata [ * 51] distance from each…
2Cited by12 opinions
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Sanders v. RansomSupreme Court of Florida · 1896
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
- Hyde v. BarneySupreme Court of Vermont · 1845
7 more not listed; retrieve them via the Exa API.