Legal Opinion

Brown v. Porter

Massachusetts Supreme Judicial Court

Decided May 15, 1813PublishedCited by 40 opinions

This was a writ of entry sur disseisin, in which the demandant, as minister of the first parish in North Yarmouth, in this county, demands one hundred acres of land in Freeport, in the same county, described as lot number thirty-three in range B; and he counts upon his own seisin in fee in right of said parish within thirty years, and upon a disseisin by the tenant.

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This was a writ of entry sur disseisin, in which the demandant, as minister of the first parish in North Yarmouth, in this county, demands one hundred acres of land in Freeport, in the same county, described as lot number thirty-three in range B; and he counts upon his own seisin in fee in right of said parish within thirty years, and upon a disseisin by the tenant. The action was tried October term, 1812, upon the general issue of non disseisivit, before Thatcher, J., by whom the jury were directed, upon the evidence produced at the trial, to find a verdict for the demandant; and to this…

1Opinion of the CourtSewall, J.

In the argument upon the exceptions filed for the tenant in this action, the title of the demandant has been placed upon the ground of a demand of a tract of land appropriated to pious uses; and, whatever uncertainty there might have been in a title of this description, as to the person or corporation entitled, the manner of vesting, and the course of inheritance or succession of the estate, all doubts of this kind were removed by the solicitude of our ancestors upon subjects of this nature. [ *97 ] *In 1754, by a statute, (1) revised and reenacted in most of its provisions since the revolution,…

2Cases cited7 opinions

  1. Baker v. FalesMassachusetts Supreme Judicial Court · 1820
  2. Inhabitants of the First Parish v. DunningMassachusetts Supreme Judicial Court · 1811
  3. Weston v. HuntMassachusetts Supreme Judicial Court · 1807
  4. Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819
  5. Austin v. ThomasMassachusetts Supreme Judicial Court · 1817

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3Cited by40 opinions

  1. Parker v. MurphyMassachusetts Supreme Judicial Court · 1913
  2. Weston v. HuntMassachusetts Supreme Judicial Court · 1807
  3. Mallory v. Norton & ScottNew York Supreme Court · 1856
  4. Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819
  5. In re the Executive Communication filed the 17th Day of April, A. D. 1872Supreme Court of Florida · 1872

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