Inhabitants of Malden v. Inhabitants of Melrose
Massachusetts Supreme Judicial Court
Contract upon an account annexed for the support of Ezra Waitt and George W. Waitt, two paupers. Answer, a general denial.
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Contract upon an account annexed for the support of Ezra Waitt and George W. Waitt, two paupers. Answer, a general denial. Trial in the Superior Court, before Pitman, J., who reported the case for the consideration of this court, in substance as follows: The plaintiff offered to show that Ezra Waitt, the grandfathei of the paupers, came to Malden from Lynn in 1783, and moved on to the “ Pratt Place,” so called, in what is now Malden, which he bought on February 4, 1783 ; that on February 23, 1784, a warrant was issued by order of the selectmen of Malden, and served on Ezra Waitt, to warn him…
1Opinion of the CourtColt, J.
The settlement of the paupers, for whose support this action is brought, is in Melrose. It is derived from their gran ifather, who first gained a settlement in that part of the old town of Malden which, upon the incorporation of Melrose, in 1850, was set off to that town. The grandfather came to Malden on February 4,1783, and bought the “ Pratt Place ” in what is now Malden, where he continued to live for more than two years. But he gained no settlement thereby, because after the Prov. St. of 1767 (7 G. III.) c. 3, § 4, and before the St. of 1789, c. 14, no person could gain a settlement by…
2Cases cited5 opinions
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