Doane v. Broad Street Ass'n
Massachusetts Supreme Judicial Court
This action was entry sur disseisin, in which the demandant demanded a parcel of land in Boston, formerly flats, but now part of India Street, counting on his own seisin within thirty years, and on a disseisin by the tenants, who pleaded the general issue.
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This action was entry sur disseisin, in which the demandant demanded a parcel of land in Boston, formerly flats, but now part of India Street, counting on his own seisin within thirty years, and on a disseisin by the tenants, who pleaded the general issue. On the trial, a verdict was taken for the tenants, subject to the opinion of the Court upon a case reserved by the parties The cause was argued at this term by Dexter and Charming for the demandant, and by Otis and Jaclcson for the tenants; after which the opinion of the Court was delivered by the chief justice, from which the facts in the…
1Opinion of the CourtParsons, C. J.
It is stated in the case reserved, that Elisha Doane, father of the demandant, died intestate, seised in fee simple of the tenements demanded, and of *other [*333] real estate, situated in Boston, and in the county of Barnstable, of which one undivided sixth part descended to the demandant; that a warrant duly issued from the Probate Court in Suffolk, directed to commissioners, to make partition of all the real estate, of which the intestate died seised, among his heirs; that the commissioners made partition, and returned the same, which was accepted by the Probate Court; which warrant and…
2Cited by29 opinions
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