Royce v. Burrell
Massachusetts Supreme Judicial Court
'1 his was an action of covenant broken, brought against the defendants, as children and heirs of Abraham. Burrell, late of Sheffield, deceased intestate.
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'1 his was an action of covenant broken, brought against the defendants, as children and heirs of Abraham. Burrell, late of Sheffield, deceased intestate. The plaintiff declares on a deed of the said Abraham for the conveyance of a certain piece of land to .the plaintiff in fee simple, with a covenant of general warranty ; and the breach alleged is an eviction by fVilliam Spaulding and others, by an elder and better title, since the decease of the said Abraham. [ * 396 ] * The defendant, David Burrell, pleads, first, that he has no lands by descent from the said Abraham. To which the…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court. [ *398] Several questions, intended to have been settled ni this action, appear to be superseded by the fact introduced into the report of the judge-, by consent of the parties, at the present term ; namely, that no letters of administration upon the estate of Abraham Burrell *348bad been prayed for or granted ; but that the same estate remains to this day wholly unadmmistered and unsettled.
Had this fact appeared at the trial, it is probable the plaintiff would have been nonsuited ; as it is very clear, that the action against the heirs cannot be…
2Cases cited1 opinion
- Howes v. BigelowMassachusetts Supreme Judicial Court · 1816
3Cited by12 opinions
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Lesser v. PominCalifornia Court of Appeal · 1934
- Bassett v. DrewMassachusetts Supreme Judicial Court · 1900
- Sampson v. SampsonSupreme Judicial Court of Maine · 1874
- Clark v. HolbrookMassachusetts Supreme Judicial Court · 1888
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