Legal Opinion

Freeman v. M'Gaw

Massachusetts Supreme Judicial Court

Decided October 15, 1833Published

This was a writ of entry, in which the plaintiffs claimed the demanded premises as the heirs of John Freeman. From an agreed statement of facts it appeared, that the premises were attached on July 16, 1826, by virtue of a writ in favor of John Freeman against Asa Raymond ; that judgment was recovered by Freeman; and that the premises were levied on, under the execution, on April 26, 1828..

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This was a writ of entry, in which the plaintiffs claimed the demanded premises as the heirs of John Freeman. From an agreed statement of facts it appeared, that the premises were attached on July 16, 1826, by virtue of a writ in favor of John Freeman against Asa Raymond ; that judgment was recovered by Freeman; and that the premises were levied on, under the execution, on April 26, 1828.. On the part of the defendants it appeared, that the premises were conveyed by Raymond, together with all the residue of his real estate, to William Handy, by a deed dated June 10, 1824, for the…

1Opinion of the Court

The opinion of the Court was afterwards drawn up by

Shaw C. J.

The facts in this case appear by the agree-

ment of the parties, and the only question is that of the priority of the respective titles, under which the parties claim. Both derive their titles from Asa Raymond, who, it is conceded, was owner of the premises in 1824.

The plaintiffs, as heirs at law of John Freeman, deceased, claim under the levy of an execution by setting off the land by metes and bounds, by appraisement. This execution was in favor of the demandants’ father, John Freeman, against Asa Raymond, and was levied on April…

2Cases cited2 opinions

  1. Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
  2. Forster v. MellenMassachusetts Supreme Judicial Court · 1813

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