Rogers v. Goodwin
Massachusetts Supreme Judicial Court
This action was brought to recover possession of a certain tract of land in Lebanon, in this county. Upon the general issue pleaded, the action was tried at term, before Thatcher, J., and a verdict rendered for the defendant. At this term the plaintiff moves for a new trial, on the ground that the verdict was against evidence.
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This action was brought to recover possession of a certain tract of land in Lebanon, in this county. Upon the general issue pleaded, the action was tried at term, before Thatcher, J., and a verdict rendered for the defendant. At this term the plaintiff moves for a new trial, on the ground that the verdict was against evidence. The facts were reported by the judge, and were substantially as follows : — In support of the plaintiff’s title was produced the record of a judgment of this Court, holden here in June, 1798, in favor of the present plaintiff, against the proprietors of the late common…
1Opinion of the Court
By the Court.
The plaintiff, having an execution upon a judg *428ment which he had recovered against the proprietors of the township of Lebanon, causes it to be extended upon a tract of land which the proprietors, by their committee, had before sold to a stranger for a valuable consideration, and of which the assignee of the grantee, who is the defendant in this action, was, at the time of the extent, in possession. And he relies on the incompetency ol the proprietors, in their collective capacity, to convey their common estate to a stranger.
The Solicitor-General and Hubbard for the plaintiff.…
2Cases cited1 opinion
- Clark v. MoodyMassachusetts Supreme Judicial Court · 1821
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