Goodwin v. Hubbard
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandant counted upon his own seisin, and upon a disseisin by the tenants, of a certain piece of land in Pittsfield, in this county. The cause was tried on the general.issue, before Jackson, J. It appeared on the trial that, in the year 1807, one Joseph Goodtoin, senior, the father of the demandant, caused the demanded premises to be purchased by one Elkanah Watson.
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This was a writ of entry, in which the demandant counted upon his own seisin, and upon a disseisin by the tenants, of a certain piece of land in Pittsfield, in this county. The cause was tried on the general.issue, before Jackson, J. It appeared on the trial that, in the year 1807, one Joseph Goodtoin, senior, the father of the demandant, caused the demanded premises to be purchased by one Elkanah Watson. The purchase money was paid by the said Goodwin, senior, and the conveyanee was made to the said * Watson, upon an agreement between those two that Watson might retain the land to his own…
1Opinion of the CourtParker, C. J.
(After briefly reciting the facts proved at the trial.) The question presented to the Court is whether, under the circumstances stated, the demandant can maintain his action for the land. If he can, we must submit to the humiliation of having a gross fraud and conspiracy successfully practised, without being able to afford any relief to those against whom it was perpetrated. But we apprehend that our laws do not merit such a reproach ; and that, by attention to certain general principles and rules, always recognized and respected as the basis of judicial decisions, justice may be done, the…
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