Hoyt v. Jaques
Massachusetts Supreme Judicial Court
Writ of entry, against Emily A. Jaques and John Harriman. to foreclose a mortgage of land in Haverhill. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Pitman, J., who ruled, as matter of law, that the tenants were entitled to judgment, and reported the case for the determination of this court. If the ruling was incorrect, the case was to stand for trial; otherwise, judgment to be entered for the tenants. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The demandant claims title to the demanded premises under a mortgage to him made by John Harriman. The premises were formerly the separate estate of Mary Anne Harriman, the wife of John. She died leaving a will, of which the second clause is as follows: “ I give, devise and bequeath to my said husband and executor so much of any and all my esnate, whether real or personal, of which I may die seised or possessed, as may be sufficient for his comfortable maintenance and support for and during the term of his natural life, he having full power to sell and convey any and all of my real estate, at…
2Cases cited3 opinions
- Paine v. BarnesMassachusetts Supreme Judicial Court · 1868
- Gibbins v. ShepardMassachusetts Supreme Judicial Court · 1878
- Burroughs v. NuttingMassachusetts Supreme Judicial Court · 1870
3Cited by31 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- MacDonald v. GoughMassachusetts Supreme Judicial Court · 1950
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
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