Legal Opinion

Weston v. Hunt

Massachusetts Supreme Judicial Court

Decided May 15, 1807PublishedCited by 19 opinions

In this action the plaintiff demands possession of a lot of land in the township of Gray, in this county, which he alleges was, in the original division of the township, appropriated to the use of the minister of Gray for the time being; that he was, on the 26th of October, 1803, duly settled and ordained as the minister of said Gray, and still so continues, “ and ought, by the law of the land, to be in the quiet possession of said lot of land, and enjoying the use thereof…

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In this action the plaintiff demands possession of a lot of land in the township of Gray, in this county, which he alleges was, in the original division of the township, appropriated to the use of the minister of Gray for the time being; that he was, on the 26th of October, 1803, duly settled and ordained as the minister of said Gray, and still so continues, “ and ought, by the law of the land, to be in the quiet possession of said lot of land, and enjoying the use thereof without hinderance or molestation. *Yet [*501] the said Moses Hunt, without right or judgment of law, hath entered into…

1Opinion of the Court

Parsons, C. J.,

delivered t.he opinion of the Court, as follows : —■

So far'as we can recollect from the declaration, the plaintiff demands the land described in his writ, as minister of the town of Gray, and in right of his town. After stating, very unnecessarily, the title, but without declaring on his own seisin, or the seisin of any predecessor, he concludes by averring that he ought to have quiet possession, and that the defendant has turned him out of possession— whence, by implication, it may be inferred that the defendant entered on him when in possession. Upon trial on the issue of not…

2Cases cited2 opinions

  1. Brown v. PorterMassachusetts Supreme Judicial Court · 1813
  2. Inhabitants of the First Parish v. DunningMassachusetts Supreme Judicial Court · 1811

3Cited by19 opinions

  1. Brown v. PorterMassachusetts Supreme Judicial Court · 1813
  2. City of Little Rock v. LinnSupreme Court of Arkansas · 1968
  3. Lawson v. KolbensonIllinois Supreme Court · 1871
  4. Earle v. WoodMassachusetts Supreme Judicial Court · 1851
  5. Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1889

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