Bartlett v. Drake
Massachusetts Supreme Judicial Court
Writ of entry to recover three parcels of land in Sharon. Plea, nul disseisin. At the trial in the superior court, before Morton, J., it appeared that the demandant was the wife of Reuel W. Bartlett, to whom she was married in 1855; and was a sister of the tenant, both of them being children of Francis Drake, who died, intestate, in that year.
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Writ of entry to recover three parcels of land in Sharon. Plea, nul disseisin. At the trial in the superior court, before Morton, J., it appeared that the demandant was the wife of Reuel W. Bartlett, to whom she was married in 1855; and was a sister of the tenant, both of them being children of Francis Drake, who died, intestate, in that year. The demandant claimed title under a partition of her father’s estate among the heirs, made by order of the probate court and by it accepted and confirmed in July 1856. The tenant claimed title under a deed from the demandant and her husband, dated…
1Opinion of the CourtWells, J.
The acknowledgment of the deed by the demand-ant’s husband, with his name subscribed thereto, although written by his wife in his absence, was a recognition and adoption of the signature as his own. Greenfield Bank v. Crafts, 4 A*176len, 447. The jury have found that he did so acknowledge the deed and adopt the signature.
The evidence tended to show that the contract between the parties was for a sale of only two parcels of land for six hundred dollars; and that the tenant fraudulently substituted a deed including, with those two parcels, other land belonging to the demandant, and by false…
2Cases cited4 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Price v. FurmanSupreme Court of Vermont · 1855
3Cited by46 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Mondragon v. MondragonTexas Supreme Court · 1923
- Higham v. HarrisIndiana Supreme Court · 1886
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