Legal Opinion

Pray v. Stebbins

Massachusetts Supreme Judicial Court

Decided February 26, 1886PublishedCited by 55 opinions

Actios on the Pub. Sts. c. 175, to recover possession of a room in a dwelling-house in Melrose. Writ dated July 10, 1881. Trial in the Superior Court, before Knowlton, J., who reported the case for the determination of this court, in substance as follows: The plaintiff claimed title under a lease in the ordinary form, dated June 27,1884, by which Orice K. Stebbins leased to him, for one year from said date, real estate which included said dwelling-house.

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Actios on the Pub. Sts. c. 175, to recover possession of a room in a dwelling-house in Melrose. Writ dated July 10, 1881. Trial in the Superior Court, before Knowlton, J., who reported the case for the determination of this court, in substance as follows: The plaintiff claimed title under a lease in the ordinary form, dated June 27,1884, by which Orice K. Stebbins leased to him, for one year from said date, real estate which included said dwelling-house. He also put in evidence a deed, dated October 31, 1868, by which said real estate was conveyed “ to Orice K. Stebbins and Ann, his wife,”…

1Opinion of the CourtField, J.

The real property was conveyed to Orice K. Sfcebbins and Ann, his wife, their heirs and assigns, by deed dated October 31, 1868. At common law, both husband and wife were seised of the estate thus granted per tout et non per my as one person, and not as joint tenants or tenants in common. There could be no severance of such an estate by the act of either, and no partition of the land during their joint lives, and the survivor became sole seised of the entirety of the estate. Pierce v. Chace, 108 Mass. 254. Wales v. Coffin, 13 Allen, 213.

This tenancy by entireties is essentially a joint…

2Cases cited15 opinions

  1. Bertles v. . NunanNew York Court of Appeals · 1883
  2. Marburg v. ColeCourt of Appeals of Maryland · 1878
  3. Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
  4. Barber v. HarrisNew York Supreme Court · 1836
  5. Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809

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3Cited by55 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
  3. Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
  4. Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
  5. Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993

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