Pells v. Webquish
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Mashpee. Plea, nul disseisin. At the trial in the Superior Court, before Brigham, C. J., both parties claimed title to the demanded premises under one Mercy McGrego, who was a proprietor of Marshpee.
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Writ of entry to recover a parcel of land in Mashpee. Plea, nul disseisin. At the trial in the Superior Court, before Brigham, C. J., both parties claimed title to the demanded premises under one Mercy McGrego, who was a proprietor of Marshpee. The demandant Pells claimed by descent from her, and the other demandant claimed by deed from her other descendants to one Chaplin, dated December 24, 1873, and by deed from Chaplin to him, dated September 27, 1877. Both deeds were duly delivered on the premises, and recorded before the bringing of this action. The tenant claimed under a deed made on…
1Opinion of the CourtEndicott, J.
Before the passage of the St. of 1869, c. 463, which declared all Indians within the Commonwealth to be citizens, they were treated as wards of the Commonwealth, and the title to lands occupied by them was in the Commonwealth, and their use and improvement were regulated from time to time by the Legislature. Danzell v. Webquish, 108 Mass. 133. Coombs, petitioner, 127 Mass. 278. See also St. 1870, c. 293.
The St. of 1818, c. 105, in relation to the Indians and other persons, proprietors and residents on the plantations of Marshpee and Herring Pond, defined what persons should be considered…
2Cases cited5 opinions
- Pierce v. ChaceMassachusetts Supreme Judicial Court · 1871
- Merriam v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
- CoombsMassachusetts Supreme Judicial Court · 1879
- Danzell v. WebquishMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Elk v. WilkinsSupreme Court of the United States · 1884
- Allen v. KiddMassachusetts Supreme Judicial Court · 1908
- Jewett v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
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