Cummings v. Wyman
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, wherein the said Mary demands against the said Eunice possession of one undivided sixth part of a piece of land in Woburn, in this county; and she counts upon her own seisin within thirty years, and upon a disseisin by the tenant. * October term, 1809, the parties entered into a rule [ *465 ] of court, by which they agreed to submit the action to the determination of Asahel Stearns, Esq., (counsellor of this Court;) and that he should…
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This was a writ of entry sur disseisin, wherein the said Mary demands against the said Eunice possession of one undivided sixth part of a piece of land in Woburn, in this county; and she counts upon her own seisin within thirty years, and upon a disseisin by the tenant. * October term, 1809, the parties entered into a rule [ *465 ] of court, by which they agreed to submit the action to the determination of Asahel Stearns, Esq., (counsellor of this Court;) and that he should have authority to ascertain the increased value of the demanded premises, by virtue of the buildings and improvements…
1Opinion of the Court
Curia.
The award made by the referee in favor of the tenant *460will of course be accepted, unless the facts on which his opinion is - founded, and which he has stated at the request of the parties, show it to be erroneous and unjust.
Without considering the title set up by the demandant, it is evident that whatever right she might have had is barred by the statute of limitations. She made no actual entry on the demanded premises within thirty years after her supposed title accrued ; which is the utmost period allowed, even to a minor.
The questions, whether the entry of a tenant in common is such…
2Cases cited15 opinions
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3Cited by15 opinions
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