Stearns v. Hendersass
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein Jonas Stearns demands of John G. Hendersass certain lands situated in Williams-town in this county. The demandant counting on his lawful seisin in fee within twenty years, and disseisin by Hendersass.
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This was a writ of entry, wherein Jonas Stearns demands of John G. Hendersass certain lands situated in Williams-town in this county. The demandant counting on his lawful seisin in fee within twenty years, and disseisin by Hendersass. The action was tried in this court before Gushing, J., who reported it as follows : — The demandant claimed to derive title through the following conveyances, namely: 1. A deed of the demanded premises from Hendersass, the tenant, to one Harvey Blake, in the common form of warranty, duly executed and acknowledged on the 21st day of April, 1826, and recorded on…
1Opinion of the CourtDewey, J.
The demandant derives title under a conveyance from the tenant, of date of April 2, 1826, to Harvey Blake, and a conveyance by the assignee of the grantee, Blake, who was authorized to convey all his right and title in the demanded premises.
The documentary evidence establishes a good title in Blake, the insolvent, in April, 1826, and the further question is, whether such title has been defeated or lost.
The tenant, in his defence, relies upon a subsequent title acquired by disseisin. To sustain this, he shows those acts of open, notorious, exclusive, adverse possession, for a period more than…
2Cases cited1 opinion
- Jane v. CommonwealthCourt of Appeals of Kentucky · 1859
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