Baker v. Baker
Massachusetts Supreme Judicial Court
Writ oe entry, dated September 30, 1876, to recover three undivided fourth parts of certain lands in Dennis. Plea, nul disseisin. At the trial in the Superior Court, before Aldrich, J., without a jury, it was admitted that on September 29,1863, the demand-ant was the owner of two undivided fourth parts only of the demanded premises, and that on February 26, 1870, he became the owner of another undivided fourth part of the same.
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Writ oe entry, dated September 30, 1876, to recover three undivided fourth parts of certain lands in Dennis. Plea, nul disseisin. At the trial in the Superior Court, before Aldrich, J., without a jury, it was admitted that on September 29,1863, the demand-ant was the owner of two undivided fourth parts only of the demanded premises, and that on February 26, 1870, he became the owner of another undivided fourth part of the same. The tenant, to show her title to two undivided fourth parts of the demanded premises, offered in evidence the levy of an.execution in favor of the Bank of Cape Cod…
1Opinion of the CourtAmes, J.
It is well settled that the return of an officer, as to all matters which are properly the subject of his return, is conclusive so far as it affects parties and privies to the process returned. Slayton v. Chester, 4 Mass. 478. Bott v. Burnell, 11 Mass. 163. Bean v. Parker, 17 Mass. 591. Campbell v. Webster, 15 Gray, 28. Chappell v. Hunt, 8 Gray, 427. Smith v. Randall, 1 Allen, 456. Hannum v. Tourtellott, 10 Allen, 494. Under this rule, as the demandant was himself the judgment debtor in the execution, upon which the title to the demanded premises depends, the objection that the appraisers…
2Cases cited7 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
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3Cited by11 opinions
- Reynolds v. FlemingSupreme Court of Minnesota · 1890
- Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884
- Simmons v. RichardsMassachusetts Supreme Judicial Court · 1898
- Allison v. DonovanMassachusetts Supreme Judicial Court · 1923
- Ela v. YeawMassachusetts Supreme Judicial Court · 1893
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