Legal Opinion

Codman v. Winslow

Massachusetts Supreme Judicial Court

Decided May 15, 1813PublishedCited by 36 opinions

This was a writ of entry, in which Richard Codman, and James Fosdiclc, and Anne, his wife, in her right, demanded a small tract of flats in Portland, counting upon their own seisin within thirty years, and on a disseisin done to themselves by the tenant. * The action was tried upon the general issue joined, [ * 147 October term, 1811, before Thatcher, J., and a verdict found for the tenant.

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This was a writ of entry, in which Richard Codman, and James Fosdiclc, and Anne, his wife, in her right, demanded a small tract of flats in Portland, counting upon their own seisin within thirty years, and on a disseisin done to themselves by the tenant. * The action was tried upon the general issue joined, [ * 147 October term, 1811, before Thatcher, J., and a verdict found for the tenant. The cause came before the Court upon exceptions, by the demandants, to the opinions and directions of the judge who sat in the trial. Those exceptions are more particularly to the admission of certain…

1Opinion of the CourtSewall, J.

By the exceptions filed and allowed, the demand-ants are stated to be the only children and heirs of Anne Jones, Jun., who was one of the devisees named in the will of Phineas Jones. She became the wife of Richard Codman, and died in 1761. In 1769, the demandants, by their guardian, Richard Codman, were parties to a partition made by order of the Superior Court; in which, among other things, a certain tract, mentioned and described as ten acres of land, bound south-easterly by a street running by the water side to Clarks Point, was apportioned and divided to and among the devisees of Phineas…

2Cases cited3 opinions

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  2. Lunt v. HollandMassachusetts Supreme Judicial Court · 1817
  3. Austin v. CarterMassachusetts Supreme Judicial Court · 1804

3Cited by36 opinions

  1. Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
  2. Evitts v. RothTexas Supreme Court · 1884
  3. Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
  4. Sydnor v. PalmerWisconsin Supreme Court · 1871
  5. State v. Black River Phosphate Co.Supreme Court of Florida · 1893

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