Hale v. Skinner
Massachusetts Supreme Judicial Court
Writ oe entry to recover land in Mansfield. Plea, nui disseisin. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : It was admitted that the tenant was the owner of one undivided half of the premises. The other half formerly belonged to Mary Skinner, who was the mother of the parties, and through whom they claimed.
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Writ oe entry to recover land in Mansfield. Plea, nui disseisin. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : It was admitted that the tenant was the owner of one undivided half of the premises. The other half formerly belonged to Mary Skinner, who was the mother of the parties, and through whom they claimed. The demandant claimed title under a deed from Mary Skinner, dated October 24, 1870, and recorded May 27, 1872. The tenant claimed title under a deed from Mary Skinner, dated December 9,1870, but executed in the latter part of…
1Opinion of the CourtGray, C. J.
The case presented by the bill of exceptions does not require us to determine either of the questions, learnedly argued at the bar : whether the doctrine of courts of equity, that a person witnessing or present at the execution of a conveyance of property by another is estopped afterwards to set up title in himself, can be applied to the title to real estate in an action at law; and whether the conduct of the demandant would have been sufficient to constitute such an estoppel, if the tenant had taken a conveyance upon the faith of it, and with no knowledge of the actual state of the title.
The…
2Cases cited2 opinions
- Henshaw v. BissellSupreme Court of the United States · 1874
- Carroll v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Fabian v. CollinsMontana Supreme Court · 1878
- Raldne Realty Corp. v. BrooksMassachusetts Supreme Judicial Court · 1932
- Clevenger v. BlountTexas Supreme Court · 1909