President of the Northampton Bank v. Whiting
Massachusetts Supreme Judicial Court
[*104] * This was a writ of entry sur disseizin, and was tried upon the general issue, November term, 1813, before the present Chief Justice ; from whose report of the trial it appears, that, before the first day of February, 1809, Andrew Dexter was lawfully seized in his demesne as of fee of the demanded premises, which consisted of flats in the town of Boston.
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[*104] * This was a writ of entry sur disseizin, and was tried upon the general issue, November term, 1813, before the present Chief Justice ; from whose report of the trial it appears, that, before the first day of February, 1809, Andrew Dexter was lawfully seized in his demesne as of fee of the demanded premises, which consisted of flats in the town of Boston. The said Dexter was largely indebted to the President, Directors, and Company of the Berkshire Bank, and, on the 18th of January, 1809, gave his negotiable promissory note to John W. Hulbert, one of the directors, and an agent of the…
1Opinion of the CourtParker, C. J.
The demand in this action is for certain flats, situated in the town of Boston, formerly the property of Andrew Dexter. The demandants claim title to the demanded premises under a deed from Daniel Pepoon, bearing date November 10th, 1809 ; Pepoon having, as the demandants allege, acquired the title from Dexter, by a levy thereon, made on the 15th of May preceding, to satisfy a judgment, recovered by him against Dexter, for a large sum, at the April term of the Court of Common Pleas of the same year, in the County of Berkshire, the premises having been attached on mesne process, in the same…
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