Legal Opinion

Langdon v. Potter

Massachusetts Supreme Judicial Court

Decided September 15, 1807PublishedCited by 23 opinions

This was an action of trespass quare clausum fregit. Upon the general issue pleaded, the cause was tried before Sedgwick, J., at the last December adjournment.

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This was an action of trespass quare clausum fregit. Upon the general issue pleaded, the cause was tried before Sedgwick, J., at the last December adjournment. At the trial, it appeared in evidence that the plaintiff, having an execution against the defendant Potter, on the 17th day of June, A. D. 1801, caused it to be levied on the land described in the declaration, the same being the proper!) of Potter, and in his possession, and that the execution was duly returned and registered. It did not appear that the plaintiff had other of said close, or to the issues and profits [ * 216.] *…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

The plaintiff, to prove his title to, and possession of, the locus in quo, gave in evidence an execution issued on a judgment recovered by him against Potter, and the return thereon. By the return it appears, that, on the 17th of June, 1801, the *187execution was duly levied on land of Potter’s, which included the place where, &c., and of which Potter was in possession; that seisin and possession were delivered to the plaintiff, and the execution was duly returned and registered. On this execution the plaintiff rested his cause, no…

2Cases cited3 opinions

  1. Wyman v. BrigdenMassachusetts Supreme Judicial Court · 1808
  2. Barrett v. PorterMassachusetts Supreme Judicial Court · 1817
  3. Bigelow v. JonesMassachusetts Supreme Judicial Court · 1808

3Cited by23 opinions

  1. Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
  2. Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
  3. People ex rel. Cooper v. FieldsNew York Supreme Court · 1869
  4. Ilsley v. WilsonWest Virginia Supreme Court · 1896
  5. Robinson v. DouglassSupreme Court of Vermont · 1827

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