Howe v. Bass
Massachusetts Supreme Judicial Court
This was a writ of entry brought to recover seisin and possession of the land described, of which the demandants allege that Elizabeth Gilman was seised until the entry and disseisin committed by Bass, the tenant; and that from the said Elizabeth the right descended to Joshua Howe, her cousin, and father of the de mandan ts.
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This was a writ of entry brought to recover seisin and possession of the land described, of which the demandants allege that Elizabeth Gilman was seised until the entry and disseisin committed by Bass, the tenant; and that from the said Elizabeth the right descended to Joshua Howe, her cousin, and father of the de mandan ts. Upon the general issue pleaded, a verdict was rendered for the tenant, upon the review, which was tried at the last November term, before Parker, J. And the cause now came before the Court upon a motion of the demandants for a new trial, on the ground that the judge had…
1Opinion of the Court
The Court,
without hearing the tenant’s counsel against the motion, delivered their opinion as follows : —
Parker, J.
Being satisfied with the opinion I gave on the trial, I see no reason for sending the cause again to a jury. There is no rule of construction more established than this, that where a deed describes land by its admeasurement, and at the same time by known and visible monuments, these latter shall govern. And the rule is bottomed on the soundest reason. There may be mistakes in measuring land, but there can be none in monuments. When a party is about purchasing land, he naturally…
2Cases cited8 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1809
- Nichols v. WilliamsCourt for the Trial of Impeachments and Correction of Errors · 1827
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Stanley v. GreenCalifornia Supreme Court · 1859
- Docter v. HellbergWisconsin Supreme Court · 1886
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Holmes v. BarrettMassachusetts Supreme Judicial Court · 1929
- Percival v. ChaseMassachusetts Supreme Judicial Court · 1903
22 more not listed; retrieve them via the Exa API.