Somes v. Skinner
Massachusetts Supreme Judicial Court
Entry sur Disseisin, in which the demandant counts upon his own seisin of sundry parcels of land, and upon a disseisin by the tenant. At the trial upon the general issue, before the chief justice at the last November term, the title of the demandant in the several parcels of land demanded was admitted, the tenant claiming to hold under a title derived from him.
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Entry sur Disseisin, in which the demandant counts upon his own seisin of sundry parcels of land, and upon a disseisin by the tenant. At the trial upon the general issue, before the chief justice at the last November term, the title of the demandant in the several parcels of land demanded was admitted, the tenant claiming to hold under a title derived from him. One of the parcels demanded had been conveyed to the demand-ant by one Samuel Dillaway in mortgage, and there had been no entry for foreclosure. The tenant objected, that as the count was general, without setting forth the nature of…
1Opinion of the Court 1
Memorandum. After the argument, the counsel for the demand-ant moved to discontinue, or enter a nolle prosequi, as to the parcel of the demanded premises, of which the demandant was only cestui que trust. And in support of the motion they cited 2 Crompton’s Practice, 337. —1 Tidd’s Practice, 632. —1 Saund. 207, note 2.
2Opinion of the Court · JacksonJackson, J.
The objection that the evidence did not comport with the declaration, because the demandant counted on his own seisin in common form, and proved only a title as mortgagee, is settled by the case of Partridge Ux. vs. Gordon.
The next objection which was argued, relates to one of…
3Cases cited3 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Dorr v. MunsellNew York Supreme Court · 1816
- Belden v. DaviesThe Superior Court of New York City · 1829
4Cited by18 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- McHugh v. StateSupreme Court of Alabama · 1858
- Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
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