Inhabitants of the First Parish in Sutton v. Cole
Massachusetts Supreme Judicial Court
Entry sur disseisin, in which the demandants count on their own seisin within thirty years, and on a disseisin by the tenants. The original writ was directed to and served by a coroner, and the reason alleged therefor was that one Gibbs Sibley was a member of said parish, and also a deputy of Thomas W. Ward, .Esquire, sheriff of the county of Worcester.
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Entry sur disseisin, in which the demandants count on their own seisin within thirty years, and on a disseisin by the tenants. The original writ was directed to and served by a coroner, and the reason alleged therefor was that one Gibbs Sibley was a member of said parish, and also a deputy of Thomas W. Ward, .Esquire, sheriff of the county of Worcester. At the return term in the Court of Common Pleas, the defendants pleaded in abatement to the writ, that the said Sibley was not a member of the said first parish , on which plea issue was joined, and a verdict rendered for the plaintiffs.…
1Opinion of the Court
By the Court.
The question brought before us in this action is whether Gibbs Sibley is, upon the facts shown, an inhabitant of the first parish in the town of Sutton. And we are decidedly of opinion that he is not. The congregational society, created by the statute of 1794, is to every intent *a parish. The persons named in the act, together with their estates, are set off from the rest of the inhabitants and territory of the town, and erected into a corporation well known in this commonwealth by the name of a poll parish. In the language of the declaration of rights prefixed to the…
2Cited by7 opinions
- Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
- Johnson v. McLaughlinSupreme Court of Alabama · 1846
- First Parish in Boothbay v. WylieSupreme Judicial Court of Maine · 1857
- Hale v. EverettSupreme Court of New Hampshire · 1868
- Inhabitants of the First Parish in Winthrop v. Inhabitants of WinthropSupreme Judicial Court of Maine · 1821
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