Bott v. Burnell
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant counted upon his own seisin within thirty years before the fourth day of June, 1810, of the lot numbered nine, in the tenth range of lots in Bridgeton, in this county, and upon a disseisin by one Enoch Perley.
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Entry sur disseisin. The demandant counted upon his own seisin within thirty years before the fourth day of June, 1810, of the lot numbered nine, in the tenth range of lots in Bridgeton, in this county, and upon a disseisin by one Enoch Perley. The tenant pleaded that the said Perley did not disseise, &c., upon which, issue being joined to the country, a trial was had before Thatcher, J., at the last October term in this county, when a verdict was taken for the demandant by consent, subject to the opinion of the Court upon the report of the judge who sat in the trial. The demandant relied on…
1Opinion of the CourtSewall, J.
The title of the demandant is the extent of an execution upon a judgment he had recovered against one William Creed. The extent and return are dated February 3, 1784.
One objection to the effect of this execution is, that the creditor was not represented by an attorney authorized by deed; — or, at least, that there is no evidence now to be produced, of the authority given by the judgment creditor to Enoch Perley, to receive seisin of the lands levied upon; and evidence of seisin is supposed, in this objection, to depend on Perley1 s receipt annexed to the officer’s return. And I presume it was…
2Cases cited1 opinion
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
3Cited by15 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Greer v. YoungIllinois Supreme Court · 1887
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
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