Frothingham v. March
Massachusetts Supreme Judicial Court
This was an action of covenant. The declaration stated that the defendant, on the-day of-, at-, by his deed of that date, duly executed, acknowledged, and registered, in Court to be produced; did, as administrator of the goods and estate of T. T., deceased, with his last will and testament annexed, in consideration of 1050 dollars paid by the plaintiff, bargain and sell a certain tract of land, ([described,) to have and to hold the same to the plaintiff, his heirs and…
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This was an action of covenant. The declaration stated that the defendant, on the-day of-, at-, by his deed of that date, duly executed, acknowledged, and registered, in Court to be produced; did, as administrator of the goods and estate of T. T., deceased, with his last will and testament annexed, in consideration of 1050 dollars paid by the plaintiff, bargain and sell a certain tract of land, ([described,) to have and to hold the same to the plaintiff, his heirs and assigns, to his and their use forever; and that the defendant, by the same deed, did, among other things, covenant to and with…
1Opinion of the CourtThacher, J.
I have not altered the opinion which I expressed in the case mentioned by one of the counsel for the plaintiff. I then thought that the notice was sufficient; such notice as the law requires; the consequence is, that, in my opinion, the plea' in bar is good, and that the defendant is entitled to judgment.
Sewall, J.
In this case, it has been argued that the statute means either, first, that the last notification should be printed [ * 254 ] thirty days previous to * the sale, or, secondly, that the first notification should have been printed that length of time previous ; and that the statute…
2Cited by7 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Meredith v. ChanceyIndiana Supreme Court · 1877
- People v. Reclamation District No. 136California Supreme Court · 1898
- Tidd v. GrimesSupreme Court of Kansas · 1903
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