Knox v. Jenks
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the demandants counted upon the seisin of Henry Knox, whose heirs they are, of four fifth parts of the premises described in the declaration, and upon a disseisin by the tenant, who pleaded the general issue, that he never disseised the said Knox, deceased. This issue, being joined by the demandants, was tried before Thatcher, J., at the last September term in this county.
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This was a writ of entry sur disseisin, in which the demandants counted upon the seisin of Henry Knox, whose heirs they are, of four fifth parts of the premises described in the declaration, and upon a disseisin by the tenant, who pleaded the general issue, that he never disseised the said Knox, deceased. This issue, being joined by the demandants, was tried before Thatcher, J., at the last September term in this county. A.t the trial, the demandants, to prove such seisin as to two fifth parts, produced the deed of Samuel Waldo, Esq., and others, to said Knox, deceased, bearing date October…
1Opinion of the Court
The opinion of the Court was delivered to the following effect, by
Sewall, J.
Upon the exceptions filed in this case, two questions have been made and argued — one respecting the operation of the deed from Samuel Waldo and others to the late General Knox, dated October 11, 1793; and the other respecting the operation of the deed made by General Knox, as agent of the estate and effects of Thomas Flucker, a conspirator, dated July 2, 1791; the demandants claiming as the heirs at law of General Knox, and having counted upon his title and seisin in the demanded premises, and these depending…
2Cases cited2 opinions
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
- Willard v. NasonMassachusetts Supreme Judicial Court · 1809
3Cited by24 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
- Williams v. MortonSupreme Judicial Court of Maine · 1854
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