Perkins v. Fairfield
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon a statement of facts agreed by the parties. The demandant claimed under a conveyance from O. C. Williams and A. Smith, administrators of the estate of O Williams, Esq., deceased, intestate, duly executed, acknowledged, and recorded.
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This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon a statement of facts agreed by the parties. The demandant claimed under a conveyance from O. C. Williams and A. Smith, administrators of the estate of O Williams, Esq., deceased, intestate, duly executed, acknowledged, and recorded. The estate of said deceased being represented insolvent, commissioners were appointed, by whose return of claims allowed by them, added to the charge of administration, it appeared there was a deficiency of personal estate to meet the said claims and charges, to the amount…
1Per curiam
The order of the Court of Common Pleas, under which the administrators made the sale in this case, was a license to them to make sale of all the real estate of their intestate. That court had jurisdiction of the subject matter. If that jurisdiction was improvidently exercised, or in a manner not warranted by the evidence from the Probate Court, yet it is not to be corrected at the expense of the purchaser, who had a right to rely upon the order of the court, as an authority emanating from a competent jurisdiction. It is too late to say that the neglect of requiring a bond from the…
2Cases cited2 opinions
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
3Cited by37 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Thompson v. TolmieSupreme Court of the United States · 1829
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
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