Thompson v. Brown
Massachusetts Supreme Judicial Court
This was a writ of entry upon disseisin, for land in Charlestown, wherein the demandant declared upon his own seisin within thirty years, and upon a disseisin by the tenants; who claimed to hold the same in fee against the demandant. The cause was submitted to the decision of the Court, upon the following facts stated and agreed by the parties.
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This was a writ of entry upon disseisin, for land in Charlestown, wherein the demandant declared upon his own seisin within thirty years, and upon a disseisin by the tenants; who claimed to hold the same in fee against the demandant. The cause was submitted to the decision of the Court, upon the following facts stated and agreed by the parties. One John Harris died seised of the demanded premises in October, 1804, having made his last will, by which he gave sundry legacies, ordered all his debts to be paid, and made his brothers Thomas H and Jonathan H. executors and residuary devisees and…
1Opinion of the CourtParker, C. J.
The principles, which lead to a decision of this cause, have frequently been recurred to and settled in other causes. In the case of Scott vs. Hancock, it was decided that license should not be granted to an administrator to sell the real estate of the intestate to pay debts, after an unreasonable time had elapsed without any suit having been brought by a creditor against the administrator; and for this reason principally, that the administrator might and ought, if sued, to plead the statute of limitations.
In the case of Brown & Al. vs. Anderson, Adm. (7), it was distinctly stated that an…
2Cases cited2 opinions
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- In re AllenMassachusetts Supreme Judicial Court · 1818
3Cited by27 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- In re AllenMassachusetts Supreme Judicial Court · 1818
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