Raymond v. Holden
Massachusetts Supreme Judicial Court
This was a real action, brought to recover one undivided sixth part of a tract of wood land in Shirley, containing fourteen acres and thirty-one rods. The writ is dated May 26, 1846. The demandants aver seizin in themselves, in right of the wife. The cause was tried before Shaw, C. J., from whose report thereof, for the consideration of the whole court, the following facts appeared.
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This was a real action, brought to recover one undivided sixth part of a tract of wood land in Shirley, containing fourteen acres and thirty-one rods. The writ is dated May 26, 1846. The demandants aver seizin in themselves, in right of the wife. The cause was tried before Shaw, C. J., from whose report thereof, for the consideration of the whole court, the following facts appeared. Simon Tuttle, grandfather of the female demandant, died seized of certain real estate, of which partition was made among his heirs, six in number, under the authority of the probate court, on the 28th of December,…
1Opinion of the CourtDewet, J.
The case, presented by the paper title, which was exhibited on the trial, is prima facie in favor of the plaintiffs. The estate in question originally belonged to Simon Tuttle, from whom it passed to his children, as his heirs at law ; and, under the authority vested in the judge of probate, it was assigned to Lucy Fletcher, one of the heirs; through whom, the plaintiffs derive the title upon which they found their claim. It .is contended, however, that the real estate assigned to Lucy Fletcher by the judge of probate was held by her, at least, to a certain extent, in trust for her husband,…
2Cases cited1 opinion
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
3Cited by1 opinion
- Montag v. PeopleIllinois Supreme Court · 1892