Crocker v. Thompson
Massachusetts Supreme Judicial Court
This was a writ of entry to recover a tract of land in Middleborough. The demandants counted on their own seizin, and a disseizin by the tenant and Abigail W. Thompson, who died after this suit was commenced, having devised all her real estate to the tenant. There was a disclaimer of part of the premises demanded in the writ, and issue was joined on the plea of nul disseizin as to the residue, consisting of about thirty-two acres, and a dwellingbouse thereon.
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This was a writ of entry to recover a tract of land in Middleborough. The demandants counted on their own seizin, and a disseizin by the tenant and Abigail W. Thompson, who died after this suit was commenced, having devised all her real estate to the tenant. There was a disclaimer of part of the premises demanded in the writ, and issue was joined on the plea of nul disseizin as to the residue, consisting of about thirty-two acres, and a dwellingbouse thereon. The trial was had before Morton J. who made the following report thereof: It was proved, that on the 15th of November 1828, Thomas…
1Opinion of the CourtShaw, C. J.
The dates and names mentioned in this case are so numerous and complicated, that there is great difficulty *228in acquiring a full and discriminating comprehension of all the facts upon which the decision must depend.
In the first place, it seems to us that the demandants have clearly shown a good prima facie title to the whole of the demanded premises. It appears that Jacob Thompson has lived on those premises, for the last fifteen years, except when dispossessed by the demandants ; and although one or more of his daughters usually lived with him, which might avail them, if they had a good title,…
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