Sherman v. Galbraith
Massachusetts Supreme Judicial Court
Writ of ENTRY, dated February 6, 1884, to recover a parcel of land in Waltham. The declaration described the land demanded by metes and bounds; and alleged that the demandant was seised of said parcel “ in his demesne as of fee,” and that the tenant had disseised him. Plea, nul disseisin.
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Writ of ENTRY, dated February 6, 1884, to recover a parcel of land in Waltham. The declaration described the land demanded by metes and bounds; and alleged that the demandant was seised of said parcel “ in his demesne as of fee,” and that the tenant had disseised him. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: The demandant put in evidence a deed of the demanded premises from Rachel Galbraith to Francis Buttrick, dated June 9, 1876, and recorded June 21, 1876. This deed stated…
1Opinion of the CourtField, J.
The demandant by his deed acquired a good absolute title as against the tenant, if at the time he received his deed he had no knowledge of the deed to the tenant, and no knowledge of the oral agreement between Francis Buttrick and Rachel Galbraith, and there is nothing in the report tending to show that he had knowledge of either. The jury have found that Francis Buttrick, the demandant’s grantor, when he received his deed, had no knowledge of the deed to the tenant, and therefore his title, whether it be in fee simple absolute, or in mortgage, was good as against the tenant, and he could…
2Cited by5 opinions
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