President of the Lincoln & Kennebeck Bank v. Drummond
Massachusetts Supreme Judicial Court
The plaintiffs demanded seisin and possession of a tract of land described in the writ, lying in Georgetown, in this county, and declared that one John Drumnond, being seised thereof in his own demesne as of fee, on the 27th of June, 1803, by his deed of bargain and sale, and of mortgage, duly executed and recorded, for a valuable consideration, conveyed the same to the plaintiffs, to hold in tee and in mortgage, by force whereof they became seised. &c., and ought to be in…
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The plaintiffs demanded seisin and possession of a tract of land described in the writ, lying in Georgetown, in this county, and declared that one John Drumnond, being seised thereof in his own demesne as of fee, on the 27th of June, 1803, by his deed of bargain and sale, and of mortgage, duly executed and recorded, for a valuable consideration, conveyed the same to the plaintiffs, to hold in tee and in mortgage, by force whereof they became seised. &c., and ought to be in the possession thereof; but the said Alexander had unjustly entered into the same, and ousted the plaintiffs, and…
1Opinion of the Court
The cause stood over for advisement to this term, when the opin ion of the Court was delivered by
Parsons, C. J.
The action is entry upon disseisin against the tenant as disseisor. On not guilty, a verdict was found for him, subject to the opinion of the Court upon the report of the judge.. From the facts reported it is manifest that the estate conveyed by Alexander to John Drummond was an estate upon condition, and that the condition has been broken.
[ * 324 ] * Generally the grantor of an estate on condition must enter for condition broken, to revest the estate in himself. But when he is in…
2Cited by9 opinions
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Hubbard v. HubbardMassachusetts Supreme Judicial Court · 1867
- Clark v. HoltonIndiana Supreme Court · 1877
- Akasu v. PowerMassachusetts Supreme Judicial Court · 1950
- Taylor v. Cedar Rapids & St. Paul RailroadSupreme Court of Iowa · 1868
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