Legal Opinion

Gerrish v. Bearce

Massachusetts Supreme Judicial Court

Decided May 15, 1814PublishedCited by 6 opinions

This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin, within thirty years, of an undivided third part of two hundred acres of land in Minott, (formerly included in Bakerstown,) being lots numbered 25, 26, and 27, in the agent’s part of' said town, (so called,) and upon a disseisin by the tenants. Each tenant defended a part of the land demanded, and disclaimed as to the residue.

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This was a writ of entry sur disseisin, in which the demandant counted upon his own seisin, within thirty years, of an undivided third part of two hundred acres of land in Minott, (formerly included in Bakerstown,) being lots numbered 25, 26, and 27, in the agent’s part of' said town, (so called,) and upon a disseisin by the tenants. Each tenant defended a part of the land demanded, and disclaimed as to the residue. At the trial of the action, which was had before Thatcher, J., October term, 1811, the demandant read in evidence a grant of the General Court of the late province to Samuel…

1Opinion of the CourtSewall, C. J.

The demandant’s title is derived from the proprietors of Balcerstown — a grant by the General Court of the late *185provincial government of the territory now known as the state of Massachusetts. The grant was made in June, 1765, of a township seven miles and a half square, in the unappropriated lands, to be laid out adjoining to some former grant, and to the eastward of Saco River, and a plan thereof to be returned. In October of the same year, this grant was confirmed to Samuel Gerrish and others, according to a plan taken and returned by Joseph Noyes, with the usual provisoes or conditions,…

2Cases cited6 opinions

  1. Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
  2. Howe v. BassMassachusetts Supreme Judicial Court · 1807
  3. Cook v. AllenMassachusetts Supreme Judicial Court · 1807
  4. Pernam v. WeadMassachusetts Supreme Judicial Court · 1809
  5. Aiken v. SanfordMassachusetts Supreme Judicial Court · 1809

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3Cited by6 opinions

  1. Howe v. BassMassachusetts Supreme Judicial Court · 1807
  2. Doe ex dem. Arden v. ThompsonNew York Supreme Court · 1826
  3. Rose v. DavisCalifornia Supreme Court · 1858
  4. MacCormac v. MurphyMassachusetts Supreme Judicial Court · 1948
  5. Cushman v. BlanchardSupreme Judicial Court of Maine · 1823

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