Legal Opinion

Brown v. Brown

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 5 opinions

Wbit op entby, dated April 29, 1870, in which the demand-ant, a singlewoman, by her guardian, Jonathan Brown 3d, sought to recover a messuage in Gloucester, claiming therein an estate for her life. Plea, nul disseisin.

Read the full summary

Wbit op entby, dated April 29, 1870, in which the demand-ant, a singlewoman, by her guardian, Jonathan Brown 3d, sought to recover a messuage in Gloucester, claiming therein an estate for her life. Plea, nul disseisin. Trial in the superior court, before Brigham, C. J., who allowed the following bill of exceptions : “It was admitted that Jonathan Brown, the demandant’s father, died in 1809, seised of the demanded premises, upon which. he had lived, and his will devised them to his widow for life, with remainder to the demandant for her life, and remainder to his son Jonathan Brown 2d. The…

1Opinion of the CourtChapman, C. J.

1. This action is brought by the demandant, by her guardian; and upon the trial the letter of guardianship was admitted in evidence, against the tenant’s objection. The ground of the objection was, that, as the tenant had not denied the guardianship in her answer, there was no issue raised in the pleadings which made the letter pertinent as evidence, and the admission would prejudice the tenant. We do not perceive the force of this objection. The letter would be pertinent as part of the history of the case, to show the time when the demandant was placed under guardianship, and that its cause…

2Cited by5 opinions

  1. Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
  2. Mead v. PhillipsCourt of Appeals for the D.C. Circuit · 1943
  3. Deutsche Bank National Trust Co. v. GabrielMassachusetts Appeals Court · 2012
  4. Rogers v. BenzSupreme Court of Minnesota · 1917
  5. Gleason v. DalyMassachusetts Supreme Judicial Court · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API