Manning v. Inhabitants of the Fifth Parish
Massachusetts Supreme Judicial Court
This was a bill in equity brought by John Manning, Aaron Pool and William Norwood, all of Gloucester, on behalf of themselves and of all others, being inhabitants of Sandy Bay (part of Gloucester) and belonging to the religious society of universalists, otherwise heretofore called members of the Independent Society in Gloucester, and parties to the covenant hereafter mentioned, and their heirs.
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This was a bill in equity brought by John Manning, Aaron Pool and William Norwood, all of Gloucester, on behalf of themselves and of all others, being inhabitants of Sandy Bay (part of Gloucester) and belonging to the religious society of universalists, otherwise heretofore called members of the Independent Society in Gloucester, and parties to the covenant hereafter mentioned, and their heirs. The bill alleges, that heretofore, as set forth in the covenant, purporting to be dated on the 20th of August, 1802, the plaintiffs, having neen requested by the inhabitants of the fifth parish to join…
1Per curiam
We think that in a suit of this kind, a deficiency in the parish records is not to be supplied by the testimony of the inhabitants. Taylor v. Henry, 2 Pick. 402. If a vote is omitted, the application should be for process to *16compel me clerk to amend Ms records.1 Tills is our present op™0115 but we can revise it, should it become necessary.
April term 1828.
An argument was then had upon the case as it stood without these depositions.
Wilde J.
delivered the opinion of the Court. This case, although incumbered with many facts, depends principally on the covenant or agreement set out in the bill, and…
2Cases cited3 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
- Scots Charitable Society v. ShawMassachusetts Supreme Judicial Court · 1812