Baldwin v. Whiting
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the said Baldwin demanded possession of three undivided fourth parts of a lot of land in Boston. The action was submitted to the decision of the Court upon the following facts agreed by the parties.
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This was a writ of entry, in which the said Baldwin demanded possession of three undivided fourth parts of a lot of land in Boston. The action was submitted to the decision of the Court upon the following facts agreed by the parties. On the 25th of September, 1809, the demandant attached the estate of one Daniel Pepoon in the flats lying between Long wharf and Lewis’s wharf so called ; and in April, 1810, he recovered judgment in the said action, and levied his execution on a part of Pepoon’s interest in the said flats, which levy was made in the following manner, namely ; “ Suffolk ss. May…
1Opinion of the CourtWilde, J.
The demandant claims title, in this case, under a judgment, and execution thereon, in his favor, and against one Daniel Pepoon, who, at the time of the extent thereof, was interested, as tenant in common, in a large tract of land or flats in Boston, including the demanded premises, he being seized of three undivided fourth parts, and one Thomas Lewis being seized of the residue.
The demandant extended his execution on the whole of Pepoon’s interest in a part of said flats, setting out the same by metes and bounds ; and the general question is, whether this extent is good and sufficient to pass…
2Cases cited1 opinion
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
3Cited by8 opinions
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- Porter v. HillMassachusetts Supreme Judicial Court · 1812
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- Bartlet v. HarlowMassachusetts Supreme Judicial Court · 1815
- Adam v. Briggs Iron Co.Massachusetts Supreme Judicial Court · 1851
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