Sullivan v. Finnegan
Massachusetts Supreme Judicial Court
Bill in equity by the widow of Timothy Sullivan against the widow and children of Thomas Finnegan. The bill alleged that the plaintiff’s husband died seised of a lot of land with a dwelling-house thereon in South Boston, intestate and without children or kindred; that thereupon the plaintiff, as her husband’s heir, became seised of said lot of land, and continued to reside in the dwelling-house as she had been previously doing; that not long after her husband’s death she…
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Bill in equity by the widow of Timothy Sullivan against the widow and children of Thomas Finnegan. The bill alleged that the plaintiff’s husband died seised of a lot of land with a dwelling-house thereon in South Boston, intestate and without children or kindred; that thereupon the plaintiff, as her husband’s heir, became seised of said lot of land, and continued to reside in the dwelling-house as she had been previously doing; that not long after her husband’s death she invited Thomas Finnegan and his wife, the defendant Mary Finnegan, to come and reside with her, offering to allow them the…
1Opinion of the CourtChapman, C. J.
The demurrer admits that the plaintiff is in possession of one of the rooms in the dwelling-house on the premises, occupying it as her home and claiming title thereto. Tt also admits that the defendants claim title to the premises, including the room, under a deed from Timothy Sullivan tc Thomas Finnegan, and that this is not a valid deed, but con stitutes a cloud upon the plaintiff’s title. The plaintiff cannot maintain a writ of entry to try her title to the room, without abandoning her possession; and therefore she may maintain this bill to remove the cloud from her title. Clouston v.…
2Cases cited1 opinion
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Chapman v. BrewerSupreme Court of the United States · 1885
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
- DeCamp v. CarnahanWest Virginia Supreme Court · 1885
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