Bacon v. Callender
Massachusetts Supreme Judicial Court
Entry sur disseisin in the post, in which the demandant demands six undivided seventieth parts of a messuage and land in Boston; and she counts on her own seisin within thirty years, and on a dis seisin by one Lemuel Cox, after which the tenant entered.
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Entry sur disseisin in the post, in which the demandant demands six undivided seventieth parts of a messuage and land in Boston; and she counts on her own seisin within thirty years, and on a dis seisin by one Lemuel Cox, after which the tenant entered. The action was tried upon the general issue, at the last November term in this county; and, before a verdict was taken, the following motions were filed, viz.: — “ The said Callender avers that he, and the persons under whom he claims to hold the demanded premises, have had the same in actual possession for the term of six years and more…
1Opinion of the CourtParsons, C. J.
[After stating the history of the action, to the demandant’s motion for an habere facias seisinam.] The ground of this motion is, that the statute called from its title The Limitation and Settlement Act, extends only to cases where the tenant has no title, but only a naked possession and improvement; and particularly that it does not extend to cases where the parties are tenants in common of the tenements described in the writ, because, as between them, an action of account lies, in which account the expenses of repairs must be deducted from the profits.
The third section of the statute…
2Cited by26 opinions
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- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
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