Bennett v. President of the Bedford Bank
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, in which the said Bennett demanded seisin and possession of an undivided moiety of a tract of land, of which the tenants became possessed by force of the extent of an execution thereon, which issued upon a judgment duly recovered by them against Robert Bennett, father of the demandant.
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This was a writ of entry sur disseisin, in which the said Bennett demanded seisin and possession of an undivided moiety of a tract of land, of which the tenants became possessed by force of the extent of an execution thereon, which issued upon a judgment duly recovered by them against Robert Bennett, father of the demandant. From the report of the present chief justice, who sat in the trial of the cause at an adjourned session of the Court, holden here in May last, it further appears that the said Robert, before and until me 9th day of March, 1802, was seised of the land demanded . and that…
1Opinion of the CourtParker, C. J.
The title of the demandant is by deed from his father, Robert Bennett, dated March 9, 1802, acknowledged and recorded; and he entered and took possession under the deed soon after its execution and delivery.
The title of the tenants is by judgment and execution against the same Robert Bennett, recently levied upon the same land, the debt upon which the judgment was rendered [ * 423 ] f having accrued several years after the conveyance was made from the said Robert to his son.
It is found by the verdict that the said Robert was not an embarrassed man when he made his deed: there were no…
2Cases cited6 opinions
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Ricker v. HamMassachusetts Supreme Judicial Court · 1817
- Parker v. ProctorMassachusetts Supreme Judicial Court · 1812
- Davis v. Payne's AdministratorCourt of Appeals of Virginia · 1826
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3Cited by19 opinions
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- Johnston v. Zane's TrusteesSupreme Court of Virginia · 1854
- Clayton v. BrownSupreme Court of Georgia · 1855
- Smith v. LowellSuperior Court of New Hampshire · 1832
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