Rice v. Parkman
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandants allege that Asaph Rice, their father, and Thankful Rice, their mother, on the 15th of September, 1790, were seised in fee of the demanded premises in right of said Thankful, that she, the said Thankful, died on that day, leaving, her said husband tenant by the courtesy; and the demandants became seised in fee of the remainder expectant on the death of their father; who died on the — day of-1815—“ and so the premises, on the…
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This was a writ of entry, in which the demandants allege that Asaph Rice, their father, and Thankful Rice, their mother, on the 15th of September, 1790, were seised in fee of the demanded premises in right of said Thankful, that she, the said Thankful, died on that day, leaving, her said husband tenant by the courtesy; and the demandants became seised in fee of the remainder expectant on the death of their father; who died on the — day of-1815—“ and so the premises, on the determination of his freehold by his death, of right vested in, and came to the demandants, to hold the same in fee; and…
1Opinion of the CourtParker, C. J.
If the power, by which the resolve, authorizing the sale in this case, was passed, were of a judicial nature, it would be very clear, that it could not have been exercised by the legislature, without violating an express provision of the constitution. But it does not seem to us to be of this description of power; for it was not a case of controversy between party and party; nor is there any decree or judgment, affecting the title to property. The only object of the authority granted by the legislature was, to transmute real into personal estate, for purposes beneficial to all who were…
2Cited by50 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Pauly v. KeeblerWisconsin Supreme Court · 1921
- Davidson v. KoehlerIndiana Supreme Court · 1881
- Paddock v. Town of BrooklineMassachusetts Supreme Judicial Court · 1964
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