Harrison v. Trustees of Phillips Academy
Massachusetts Supreme Judicial Court
[*456] * This was a writ of entry, brought by the demand-ants, as children and co-heirs of James Harrison, deceased, to recover a certain piece of land in Charlestown. The demandants set forth the seizin of their said ancestor, and that he died seized, after whose death the tenants abated into the same. The tenants pleaded, that they did not abate into the premises, &c. ; on which, issue was joined.
Read the full summary
[*456] * This was a writ of entry, brought by the demand-ants, as children and co-heirs of James Harrison, deceased, to recover a certain piece of land in Charlestown. The demandants set forth the seizin of their said ancestor, and that he died seized, after whose death the tenants abated into the same. The tenants pleaded, that they did not abate into the premises, &c. ; on which, issue was joined. This issue was tried before Jackson, J., at the sittings here, after November term, 1813, when it appeared, that the premises were formerly owned by one Olirer Holden. In February, 1810, tbe said…
1Opinion of the CourtParker, C. J.
The title of the demandants being under a deed from him who was the acknowledged owner of "the land demanded in the writ, before the delivery of that deed ; and the title set up by the tenants, under the levy of their execution, having been acquired long after the execution and delivery of that deed ; it is plain that the demandants must recover, unless the conveyance to their father can be impeached and shown to be void.
This conveyance is attempted to be impeached on the ground of fraud, a defect of which the tenants have a right to avail themselves, they having been creditors of Holden, the…
2Cited by67 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Kingsbury v. BurnsideIllinois Supreme Court · 1871
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
62 more not listed; retrieve them via the Exa API.