Russ v. Alpaugh
Massachusetts Supreme Judicial Court
Writ op entry by George W. Russ, Caroline E. Newcomb and Susannah S. Young, the heirs at law of Caroline Newcomb, deceased, intestate, to recover a lot of land in Quincy. Plea, nul disseisin.
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Writ op entry by George W. Russ, Caroline E. Newcomb and Susannah S. Young, the heirs at law of Caroline Newcomb, deceased, intestate, to recover a lot of land in Quincy. Plea, nul disseisin. The case was submitted to the judgment of the Superior Court, and of this court on appeal, upon the following facts: In 1845, Jonathan Baxter, being seised and possessed of the demanded premises, together with other lands in Quincy, died intestate, leaving as his heirs at law five children, among them a daughter Caroline, (under whom the demandants claimed,) then married to James Newcomb. A division of…
1Opinion of the CourtGray, C. J.
It was admitted at the argument that the tenant bad no defence as against the demandant Russ, he not being an heir of James Newcomb, under whom the tenant claims title. In order to make out the defence against those of the demandants who are Newcomb’s heirs, it is necessary to maintain that the covenants in his mortgage deed are not limited to the right, title and interest which he had at the time of its execution, being only a tenancy by the curtesy, but extend to the title in fee which had been conveyed to him by the heirs of Baxter, and which he had since conveyed away before the execution…
2Cases cited14 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Lessee of French and Wife v. SpencerSupreme Court of the United States · 1859
- Irvine v. IrvineSupreme Court of the United States · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Trevino v. TurcotteTexas Supreme Court · 1978
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. LopesMassachusetts Supreme Judicial Court · 1945
- Foote v. ClarkSupreme Court of Missouri · 1890
18 more not listed; retrieve them via the Exa API.