Wolcot v. Knight
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin in the per, in which the demandants count on the seisin of Samuel Waldo, their ancestor, within fifty years, and on a disseisin by one George Knight, by whom the tenants have their right of entry. The tenants pleaded the general issue, that the said George Knight did not disseise, &c., which was joined by the demandants.
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This was a writ of entry sur disseisin in the per, in which the demandants count on the seisin of Samuel Waldo, their ancestor, within fifty years, and on a disseisin by one George Knight, by whom the tenants have their right of entry. The tenants pleaded the general issue, that the said George Knight did not disseise, &c., which was joined by the demandants. On the trial of this issue, at the last October term in this county, before Sedgwick, J., after the demandants had opened their title on their part, and produced their evidence, the tenants offered to prove, and did prove, that they had…
1Opinion of the CourtParsons, C. J.
In a writ of entry, when the general issue is pleaded, the demandant, on the trial, may give evidence of the seisin on which he has counted, within the time alleged in his count. Having done this, he must recover, unless this evidence is controlled by the evidence of the tenant; or unless the tenant can show that the entry, which is averred to be a disseisin, was just, or by judgment of law. These seem to be all the points put in issue by the plea of nul disseisin.
But the tenant, besides pleading in abatement to the writ, or falsifying the entry by plea to the action of the writ, may also…
2Cited by37 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- Swett v. PoorMassachusetts Supreme Judicial Court · 1814
- Swan v. StephensMassachusetts Supreme Judicial Court · 1868
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