Bott v. Burnell
Massachusetts Supreme Judicial Court
This action was again (a) tried October term, 1812, before Thatcher, J., and a verdict was again returned for the demandant, in conformity to the instructions of the judge, to which the tenant filed his exception.
Read the full summary
This action was again (a) tried October term, 1812, before Thatcher, J., and a verdict was again returned for the demandant, in conformity to the instructions of the judge, to which the tenant filed his exception. At the last trial the demandant produced a deed from John Far num and others, a committee of the proprietors of Bridgeton, con veying to John Flint sundry lots drawn upon the original right of James Chandler, specifying, amongst others, lot No. 9 in the 10th range, with the common and undivided land that might thereafter be laid out to the said right; and he derived a title to the…
1Opinion of the CourtSewall, C. J.
There has been, heretofore, a decision in a case reported between these same parties, and in this action. We have reviewed that decision, and adhere to the opinions then expressed. The sheriff’s return is conclusive, as to the formal proceedings by the appraisers and himself, and is not to be controlled by other evidence. The effect of those proceedings, between the creditor and debtor in the execution, is to be determined by the sheriff’s return, which is not to be supplied or contradicted, (a) The creditor has under his execution a statute title, where the directions of the statute have…
2Cases cited7 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Stephen Putney Shoe Co. v. Richmond, Fredericksburg & Potomac RailroadSupreme Court of Virginia · 1914
- Moran v. SomesMassachusetts Supreme Judicial Court · 1891
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
22 more not listed; retrieve them via the Exa API.