Otis v. Warren
Massachusetts Supreme Judicial Court
This was a writ of dower, dated January 23d, and served March 8, 1816. The tenant pleaded in bar, that at the commencement of the action, he was not tenant of the freehold, and had no right in the premises, or possession of the same; but that one Watkins and the United States were then tenants of the freehold in the premises. [ * 54 ] * The demandant replied, that on the 12th day of April, 1815, she demanded of Warren, the tenant, the assignment to her of her dower in the…
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This was a writ of dower, dated January 23d, and served March 8, 1816. The tenant pleaded in bar, that at the commencement of the action, he was not tenant of the freehold, and had no right in the premises, or possession of the same; but that one Watkins and the United States were then tenants of the freehold in the premises. [ * 54 ] * The demandant replied, that on the 12th day of April, 1815, she demanded of Warren, the tenant, the assignment to her of her dower in the premises, and that he was then in possession thereof, claiming the same as his estate in fee simple, and continued so in…
1Opinion of the CourtParker, C. J.
The question to be tried in this action was, whether Warren was tenant of the freehold at the time dower was demanded of him, and the present suit commenced.
*The deed of ’William Otis to him, made in September, [ *56 ] 1813, conveyed the seisin, Otis having been before seised by virtue of the deed from Joseph Otis, the husband of the demandant. Warren could no otherwise disprove this seisin in himself, than by showing a conveyance from him, or a paramount title in some other. No conveyance from him is pretended ; but he sets up against his own title, the supposed title of Watkins, by a levy of…
2Cases cited3 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Thelusson v. SmithSupreme Court of the United States · 1817
- Prince v. BartlettSupreme Court of the United States · 1814
3Cited by3 opinions
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Russia Cement Co. v. Le Page Co.Massachusetts Supreme Judicial Court · 1899
- Russia Cement Co. v. Le Page Co.Massachusetts Supreme Judicial Court · 1897