Procter v. Newhall
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon the following facts, stated and agreed by the parties. Susanna Hathorne, of Salem, on the 30th of May, 1818, died intestate, and seised of sundry parcels of land, and left the demandant, together with one Joseph Hathorne, and eight other persons, her heirs at law, entitled to her estate in equal proportions, viz., in tenths.
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This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon the following facts, stated and agreed by the parties. Susanna Hathorne, of Salem, on the 30th of May, 1818, died intestate, and seised of sundry parcels of land, and left the demandant, together with one Joseph Hathorne, and eight other persons, her heirs at law, entitled to her estate in equal proportions, viz., in tenths. The tenant, Newhall, was a creditor of said Joseph Hathorne at the time of the decease of the intestate, and on the same 30th of May, immediately after the intestate’s death, he,…
1Opinion of the CourtWilde, J.
This cause has been argued on both sides with great ability. Nothing, I believe, has escaped the attention of the counsel, which could influence, in any degree, the decision of the cause. In delivering the opinion of the Court, I shall advert only to the principal arguments that have been urged, which will suffice to show the grounds of our determination.
It is admitted that one Susanna Hathorne died intestate and seised in fee of several parcels of real estate, of which the demanded premises are a part, leaving the demandant, with one Joseph Hathorne and sundry other persons, her heirs at…
2Cases cited2 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- McLaughlin v. BarnesWashington Supreme Court · 1895