Fox v. Southack
Massachusetts Supreme Judicial Court
This action, which was indebitatus assumpsit for the rent of a dwelling-house in Boston, was submitted to the decision of the Court upon the following case stated by the parties. John White died seized of the tenements described in the plaintiff’s declaration, having made his last will and testament on the 26th of June, 1794, which was duly proved on the 30th of September following.
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This action, which was indebitatus assumpsit for the rent of a dwelling-house in Boston, was submitted to the decision of the Court upon the following case stated by the parties. John White died seized of the tenements described in the plaintiff’s declaration, having made his last will and testament on the 26th of June, 1794, which was duly proved on the 30th of September following. In the said will, the testator devises to his wife Sarah, in lieu of her dower, the use of the said house with the appurtenances, with ibis household furniture, during her natural life ; and an annuity of £200…
1Opinion of the CourtJackson, J.
In this action, brought to recover the rent of a certain tenement demised by the plaintiff to the defendants, the parties have agreed that the plaintiff shall recover only in proportion to the share which he is lawfully entitled *to hold in [*146] the premises ; and they have made a statement of facts, exhibiting the title of certain aliens, subjects of Great Britain, who claim a part of the premises under the will of John White. The only question submitted to the Court relates to the respective titles of the plaintiff and the said alien devisees ; although this comes before us in an informal…
2Cases cited7 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Craig v. LeslieSupreme Court of the United States · 1818
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
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3Cited by1 opinion
- Harvey v. MixSupreme Court of Connecticut · 1856