Legal Opinion

Inhabitants of Boston v. Tileston

Massachusetts Supreme Judicial Court

Decided October 15, 1814PublishedCited by 13 opinions

This was a writ of entry, in which the demandants count upon their own seisin within thirty years, and upon a disseisin done to them by the tenant within that time. The demandants claim the land demanded, which lies in Boston, in the county of Suffolk, under the extent of two executions duly issued upon two judgments recovered by them against one John Coates, and extended upon the demanded premises, as his property.

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This was a writ of entry, in which the demandants count upon their own seisin within thirty years, and upon a disseisin done to them by the tenant within that time. The demandants claim the land demanded, which lies in Boston, in the county of Suffolk, under the extent of two executions duly issued upon two judgments recovered by them against one John Coates, and extended upon the demanded premises, as his property. The appraisers on the said extent, one of whom was chosen by the creditors, another by the debtor, and the third by the officer who held the execution, were all inhabitants of…

1Per curiam

As it is to be presumed, in this case, that the

officer who served the execution returned that the appraisers were disinterested freeholders, perhaps, on a trial between these parties, that fact would not have been traversable. But here the parties have agreed that the appraisers were inhabitants of the town of Boston. As such, they were parties to the suit in which the execution issued; and, as such, they were certainly not disinterested. The statute referred to by the counsel for the demandants has removed the objection of incompetency as witnesses from corporators, which shows that they…

2Cases cited1 opinion

  1. Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816

3Cited by13 opinions

  1. Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
  2. Sykes v. KeatingMassachusetts Supreme Judicial Court · 1875
  3. Zani v. Phandor Co.Massachusetts Supreme Judicial Court · 1932
  4. Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
  5. Swift v. CobbSupreme Court of Vermont · 1838

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