Barker v. Barrows
Massachusetts Supreme Judicial Court
Writ of entry, dated February 15, 1883, to recover a parcel of land in Attleborough. Plea, mil disseisin. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows: The demandants offered in evidence a warranty deed from Samuel Richards to Elihu Daggett, dated and recorded on August 15,1829, of certain land, including the demanded premises; also a quitclaim deed from Elihu Daggett to…
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Writ of entry, dated February 15, 1883, to recover a parcel of land in Attleborough. Plea, mil disseisin. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows: The demandants offered in evidence a warranty deed from Samuel Richards to Elihu Daggett, dated and recorded on August 15,1829, of certain land, including the demanded premises; also a quitclaim deed from Elihu Daggett to Jesse F. Richards, the father of the demandants, dated December 29, 1829, and recorded January 2, 1830, which the judge…
1Opinion of the CourtW. Allen, J.
One inference of law from the facts stated in the report is, that Jesse F. Richards, the ancestor of the demand-ants, was seised of the premises under the deed of Elihu Daggett to him, delivered and recorded in 1829. Another inference *580of law is, that the same Jesse F. Richards was disseised of the premises by School District No. 4 in Attleborough in 1837; and he never afterwards entered upon the premises or recovered seisin thereof. The statute of limitations is therefore a bar to the action. Pub. Sts. c. 196. Gen. Sts. c. 154. Rev. Sts. c. 119.
The argument for the demandants, as we…
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