Smith v. Dyer
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein the demandants, as heirs at law of Godfrey Smith, deceased, count upon their own seisin in fee and in mortgage within thirty years next before the 18th of February, 1817, the date of their writ, of the land described, and upon a disseisin by the tenant.
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This was a writ of entry, wherein the demandants, as heirs at law of Godfrey Smith, deceased, count upon their own seisin in fee and in mortgage within thirty years next before the 18th of February, 1817, the date of their writ, of the land described, and upon a disseisin by the tenant. Issue being joined on the plea of never disseised, the same was tried October term, 1818, before Thatcher, J., when the demandants read in evidence the deed of one Stephen Jordan, conveying the demanded premises to the said Godfrey Smith in fee, dated January 24th, 1784, conditioned for the payment of two…
1Opinion of the CourtParker, C. J.
The Court having come to a determination against the right of the demandants to recover, upon a general principle, it is unnecessary to consider the minor questions, which were argued by the counsel in this cause.
The action is entry sur disseisin, and the demandants count upon their own seisin, as heirs at law of Godfrey Smith, their father, and allege their seisin to be in fee and in mortgage. There is no averment of an entry by their father, the mortgagee, in his lifetime, or by the heirs or any other person since his death, to foreclose the right of * redemption. But it appears from the […
2Cases cited1 opinion
- Bates v. Weymouth Iron Co.Massachusetts Supreme Judicial Court · 1851
3Cited by19 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- White v. RittenmyerSupreme Court of Iowa · 1870
- Charlestown Five Cents Sav. Bank v. WhiteDistrict Court, D. Massachusetts · 1939
- Nathan Miller & Sons, Ltd. v. BlinnMassachusetts Supreme Judicial Court · 1914
- Hubbard v. UrtonU.S. Circuit Court for the District of Nevada · 1895
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