Corbin v. Healy
Massachusetts Supreme Judicial Court
Writ of entry, to recover about fifty acres of land. In the Court of Common Pleas, the parties stated a case. The demandants were the children and heirs at law of Rhoda Healy, late of Dudley, deceased, under whom both parties claimed title ; and the tenant was her oldest son.
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Writ of entry, to recover about fifty acres of land. In the Court of Common Pleas, the parties stated a case. The demandants were the children and heirs at law of Rhoda Healy, late of Dudley, deceased, under whom both parties claimed title ; and the tenant was her oldest son. On May 16, 1793, Jedediah Marcy executed a deed, whereby, in consideration of the love arid affection he bore to his daughter Rhoda, wife of Stephen Healy, he conveyed “ unto the said Rhoda and to her heirs born of her body, to be to her and them forever,” the demanded premises, “ to have and to hold the same ” to her “…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The demandants as heirs general of Rhoda Healy, bring this action against Joshua Healy, who is the eldest son and heir in tail of Rhodi Healy deceased. The question is whether Rhoda was tenant in'tail, by force of the deed of her father, Jededial. Marcy, under which she took the estate and held it, to the time of her decease ; and, secondly, if she so died seised as tenant m tail, whether by law the estate descended and vested in the tenant as her heir in tail.
The first question depends entirely upon the construction oi the deed of Jedediah Marcy.…
2Cases cited2 opinions
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910