Legal Opinion

Smith v. Shaw

Massachusetts Supreme Judicial Court

Decided November 30, 1889PublishedCited by 18 opinions

Writ op ENTRY, dated March 16, 1889, to recover a parcel of land in Abington. Plea, nul disseisin. At the trial in the Superior Court, before Hammond, J., the jury returned a verdict for the tenant; and the demandant alleged exceptions, which appear in the opinion.

1Opinion of the CourtField, J.

The demandant is the sole heir of David Gloyd, who died in 1886, seised of the demanded premises, leaving one child, the demandant, who was then nine years of age, and a widow, the mother of the demandant. The widow was entitled to dower in the land, but her dower was never assigned to her, and she conveyed the land in 1849 by warranty deed to one Floyd, from whom by mesne conveyances it has come to the tenant. The widow died in 1879; the tenant and those under whom she claims have been in adverse possession of the land since 1849. The demandant asked the court to rule “ that the statute of…

2Cases cited4 opinions

  1. Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
  2. Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
  3. Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
  4. Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817

3Cited by18 opinions

  1. City of Worcester v. QuinnMassachusetts Supreme Judicial Court · 1939
  2. Frate v. RimenikOhio Supreme Court · 1926
  3. Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
  4. Bean v. BeanMichigan Supreme Court · 1910
  5. Givens v. OttSupreme Court of Missouri · 1909

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