Porter v. Rummery
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of this Court in this county, September term, 1802, rendered upon a review of a real action, brought by the present plaintiff in error against Thomas Rummery, the testator of the defendant in error. In the original action, the tenant pleaded, as to part of the land demanded, that he was not guilty; on which issue was joined by the demandant.
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This was a writ of error brought to reverse a judgment of this Court in this county, September term, 1802, rendered upon a review of a real action, brought by the present plaintiff in error against Thomas Rummery, the testator of the defendant in error. In the original action, the tenant pleaded, as to part of the land demanded, that he was not guilty; on which issue was joined by the demandant. And as to the residue of the land, he pleaded in bar, that at the date of the original writ he was not, nor had been since, in possession of the same; and he disclaimed all right and title to the…
1Opinion of the CourtSewall, J.
This writ of error brings before us the proceedings and judgment upon a writ of review in a real action, the now plaintiff in error having been the demandant in the action, and plaintiff in the review of it, against Thomas Rummery, since deceased, of whose will the defendant in error is executor; and the writ of error is against him in that capacity.
By the record certified, it appears that a tract of land described in the original writ was demanded by the plaintiff in error, against the said Thomas, the demandant, alleging a seisin thereof in him self, and a disseisin by Thomas Rummery. To…
2Cases cited11 opinions
- Inhabitants of Shirley v. Inhabitants of LunenburgMassachusetts Supreme Judicial Court · 1814
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Flagg v. MungerNew York Supreme Court · 1848
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- Wolfran v. EysterSupreme Court of Pennsylvania · 1838
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- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Fromme v. JonesSupreme Court of Iowa · 1862
- McIntyre v. SholtyIllinois Supreme Court · 1891
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