Savery v. Taylor
Massachusetts Supreme Judicial Court
Petition for the partition of a tract of land in Carver, “ containing about six acres, the sanie being the fourth share in the fifteenth great lot of- South Meadow Cedar Swamp, so called,” of which tract the petitioner alleged that he was seised of one undivided twelfth part.
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Petition for the partition of a tract of land in Carver, “ containing about six acres, the sanie being the fourth share in the fifteenth great lot of- South Meadow Cedar Swamp, so called,” of which tract the petitioner alleged that he was seised of one undivided twelfth part. At the trial in the superior court, before Pitman, J., the petitioner introduced in evidence the will of Elijah Perry, which was proved in 1812, and by which Perry gave “ one fourth part of what I own in the fifteenth great lot in South Meadow Cedar Swamp ” to his daughter Mary, the wife of Zenas Atwood, and the other…
1Opinion of the CourtWells, J.
For the disposition of this case we may assume (what is not very apparent even with the aid of. the evidence offered and rejected,) that the “ fourth share in the fifteenth great lot,” as described in the petition, is the same tract of land with that devised in the will of Elijah Perry as “ what I own in the fifteenth great lot in South Meadow Cedar Swamp.” Assuming also that Elijah Perry had the whole title to said tract; that the descent from his daughter, Mary Atwood, was not broken by devise, and had been cast before the deed of Chapin P. Atwood to the petitioner; and that his deed…
2Cited by5 opinions
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 1931
- Jefferson v. FlynnMassachusetts Supreme Judicial Court · 1964
- Rea v. FornanOhio Court of Appeals · 1942
- Mount Hope Iron Co. v. DeardenMassachusetts Supreme Judicial Court · 1886
- Wilder v. SteevesMassachusetts Appeals Court · 1973