Hildreth v. Thompson
Massachusetts Supreme Judicial Court
This was assumpsit for the use and .occupation of certain real estate, for a quarter of a year ending August 2d, 1818. The action was tried in the Common Pleas, at the last December term, upon the general issue, and was brought into this Court upon exceptions taken for the plaintiff to the instructions of the court below to the jury.
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This was assumpsit for the use and .occupation of certain real estate, for a quarter of a year ending August 2d, 1818. The action was tried in the Common Pleas, at the last December term, upon the general issue, and was brought into this Court upon exceptions taken for the plaintiff to the instructions of the court below to the jury. It appeared on the trial, that the plaintiff, at the March term of this Court, 1818, recovered judgment against one C. Simonds, for her dower in the estate of her late husband, William Hildreth, of which the real estate first mentioned was part; that a writ of…
1Opinion of the CourtParker, C. J.
Admitting that tnere was no express promise proved, except the conditional one suggested in the report, viz. to pay the money, if the plaintiff should have acquired a good title to the premises under the judgment in her suit for dower; we are to consider whether the opinion of the Court of Common Pleas, which declared the proceedings under the writ of seisin to be void and wholly inoperative, was correct.
By the common law, all proceedings in a suit at law are slopped by the death of one of the parties. If either of them die before judgment, no judgment can be entered; if after judgment, no…
2Cited by19 opinions
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
- Reid v. HolmesMassachusetts Supreme Judicial Court · 1879
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
- North v. PuckettTennessee Supreme Court · 1932
- Smith v. ShawMassachusetts Supreme Judicial Court · 1889
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