Robinson v. Robinson
Massachusetts Supreme Judicial Court
Appeal, by Albert P. Chapin, Laura A. Robinson, and Marvin P. Robinson, from the partial disallowance of claims against an insolvent estate in the Probate Court. By a decree, dated July 21,1898, the court allowed the claim of Chapin for §244.28, of Laura A. Robinson for $44.28, and of Marvin P. Robinson for $1.64. Each claimed the sum of $10,033.33. The case was submitted to this court upon the following agreed statement of facts.
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Appeal, by Albert P. Chapin, Laura A. Robinson, and Marvin P. Robinson, from the partial disallowance of claims against an insolvent estate in the Probate Court. By a decree, dated July 21,1898, the court allowed the claim of Chapin for §244.28, of Laura A. Robinson for $44.28, and of Marvin P. Robinson for $1.64. Each claimed the sum of $10,033.33. The case was submitted to this court upon the following agreed statement of facts. On May 6, 1896, Charles L. Robinson was appointed administrator of the estate of Ethan C. Robinson, who died on April 8, 1896, and gave bond approved on May 11,…
1Opinion of the CourtHolmes, J.
The most important question in this case is whether the statute of limitations, Pub. Sts. c. 197, § 1, runs upon a claim of one tenant in common against another for- a just share of the profits of land, when there has been no demand and no termination of the tenancy or of the defendant’s management of the land, or any other event to change the relations between the two.
The liability arises from St. 4 & 5 Anne, c. 16, § 27, which gave an action of account to one tenant in common against the other as bailiff for receiving more than comes to his just share or proportion. However it may have been…
2Cases cited9 opinions
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Jolly v. . BryanSupreme Court of North Carolina · 1882
- Dewing v. DewingMassachusetts Supreme Judicial Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- Minion v. . WarnerNew York Court of Appeals · 1924
- Hatch v. HatchUtah Supreme Court · 1915
- Cambridge Literary Properties, Ltd. v. W. Goebel Porzellanfabrik G.M.B.H. & Co. Kg.District Court, D. Massachusetts · 2006
- Goergen v. MaarAppellate Division of the Supreme Court of the State of New York · 1956
9 more not listed; retrieve them via the Exa API.