Legal Opinion

Butrick v. Tilton

Massachusetts Supreme Judicial Court

Decided January 19, 1892PublishedCited by 11 opinions

Writ op entry to recover a parcel of land in Haverhill. Plea, nul disseisin. Trial in the Superior Court, before Thompson, J., who found for the demandants, and allowed exceptions alleged by the tenant, which, so far as material to the points ' decided, appear in the opinion.

1Opinion of the CourtBarker, J.

1. The demandants claim title by descent from Nathan Ayer, who died intestate in the year 1813, leaving five children, three of whom were ancestors of the original demand-ants. After action brought, two demandants died, and the widow of each came in to prosecute for her husband’s share. Subsequently, one of these widows died, and her heir came in to prosecute. At the trial, the tenant ashed a ruling that the heir of the widow of the deceased demandant could not recover. It did not appear that the original demandant died testate, or *463that he left any other real estate than that demanded, or…

2Cases cited3 opinions

  1. Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
  2. Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
  3. Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873

3Cited by11 opinions

  1. Albert J. Cadorette v. United StatesCourt of Appeals for the First Circuit · 1993
  2. Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
  3. ButrickMassachusetts Supreme Judicial Court · 1904
  4. Miller v. GratzCourt of Appeals of Tennessee · 1926
  5. Marschall v. AikenMassachusetts Supreme Judicial Court · 1897

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