Derby v. Jacques
U.S. Circuit Court for the District of Massachusetts
This was a writ of right, claiming to recover an undivided fifth part of a certain parcel of land in Somerville, in this district Two pleas were filed by the tenants [Samuel Jacques, and others]: First, they pleaded the general issue, or rather tendered an issue on a joinder of the mise, on the mere right of the demandant [Eleanor Derby] and her seizin, with the usual prayer that recognition be made whether they or the demand-ant have the greater right to hold the premises,…
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This was a writ of right, claiming to recover an undivided fifth part of a certain parcel of land in Somerville, in this district Two pleas were filed by the tenants [Samuel Jacques, and others]: First, they pleaded the general issue, or rather tendered an issue on a joinder of the mise, on the mere right of the demandant [Eleanor Derby] and her seizin, with the usual prayer that recognition be made whether they or the demand-ant have the greater right to hold the premises, and also praying for an inquiry as to the seizin of the demandant. By their second plea, the tenants set up as a bar to…
1Opinion of the Court
CLIFFORD. Circuit Justice.
Three questions are raised by the demurrer .for the con*523sideration of the court. But for the sake of convenience, the order in which they are presented in the pleadings will be reversed. They are as follows: (1) Whether the plea is sufficient in point of form; and if so, then, (2) whether the record of the former suit and judgment set forth in the plea is of a character to operate as a final and conclusive determination of the title of the parties in the court of the state where it was made; and if both of these questions are found in favor of the tenants, then, (S)…
2Cases cited8 opinions
- Homer v. BrownSupreme Court of the United States · 1854
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Granger v. ClarkSupreme Judicial Court of Maine · 1842
- Livermore v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1804
- Smith v. KeenSupreme Judicial Court of Maine · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly v. Town of MilanUnited States Circuit Court · 1884
- Robinson v. Merchants' & Miners' Transportation Co.Supreme Court of Rhode Island · 1889
- Simonpietri v. ToroDistrict Court, D. Puerto Rico · 1916