Peabody v. Minot
Massachusetts Supreme Judicial Court
This was a petition for partition, representing, that the petitioners held as tenants in common with Stephen Minot and his three children, Charles, Harriet and George Minot, Daniel Gage and Hannah his wife, and other persons unknown, one eighth of a parcel of land in Bradford, containing fourteen acres ; and one fourth in three smaller parcels in the same town. Gage and his wife were defaulted.
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This was a petition for partition, representing, that the petitioners held as tenants in common with Stephen Minot and his three children, Charles, Harriet and George Minot, Daniel Gage and Hannah his wife, and other persons unknown, one eighth of a parcel of land in Bradford, containing fourteen acres ; and one fourth in three smaller parcels in the same town. Gage and his wife were defaulted. Stephen, Charles, Harriet and George Minot, and Samuel, Martha and Helen Trask, appeared and severally pleaded, denying that the petitioners were seised as alleged. The petitioners, on one part, and…
1Opinion of the Court
Morton J.
delivered the judgment of the Court. The petitioners claim under the levy of an execution in favor of Moses Wingate against Seth Trask. Seth Trask was one of the four children and heirs of Samuel Trask, deceased, to whom his estate descended. Dower was assigned to the widow of Samuel, but the estate was never divided among the heirs. Wingate levied his execution upon one fourth of the reversion of the dower and one eighth of the residue of the estate. An execution had before been levied upon an eighth of the same ; and if the first levy was valid, Wingate took all the estate and…
2Cases cited2 opinions
- Baldwin v. WhitingMassachusetts Supreme Judicial Court · 1816
- In re BonnerMassachusetts Supreme Judicial Court · 1808
3Cited by2 opinions
- Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019
- In Re CasseseUnited States Bankruptcy Court, D. Massachusetts · 2002