Adams v. Frothingham
Massachusetts Supreme Judicial Court
This was a writ of right, in which the demandant claimed an undivided moiety of a certain parcel of land in Newburypcrt, bounded northwardly on Merrimack river. The writ was dated the 8th day of February, 1802, and alleges that Zaccheus Perkins, the 1 * 353 ] demandant’s father, was seised *of the same within sixty years from the date of the writ: that, on his death, the same descended to her as his daughter and heir, and that the tenant deforceth her.
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This was a writ of right, in which the demandant claimed an undivided moiety of a certain parcel of land in Newburypcrt, bounded northwardly on Merrimack river. The writ was dated the 8th day of February, 1802, and alleges that Zaccheus Perkins, the 1 * 353 ] demandant’s father, was seised *of the same within sixty years from the date of the writ: that, on his death, the same descended to her as his daughter and heir, and that the tenant deforceth her. The demandant having obtained a verdict in the original action, the tenant brought his writ of review, upon which another trial was had before…
1Opinion of the Court
Curia.
This cause has been twice fully tried, once before a court competent to decide ultimately all questions of law, which arose in the trial, and the verdict has in both- instances been in favor of the demandant, with the approbation of the Court; yet as the new organization of the Court intervened between the first and second trial, the tenant has the right to take the course he now pursues, and if any misdirection of the judge can be shown, he will have the privilege of a third trial before another jury.
The points, in which the judge is supposed to have mistaken the law, are particularly…
2Cases cited2 opinions
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
3Cited by61 opinions
- Michaelson v. Silver Beach Improvement Ass'n, Inc.Massachusetts Supreme Judicial Court · 1961
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. AlgerMassachusetts Supreme Judicial Court · 1851
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
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