Bucknam v. Ruggles
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein the demandant declared on his own seisin within thirty years, and on a disseisin done to him by the tenant. It was agreed that the demandant was seised, as set forth in his writ, unless his estate had been lawfully transferred to the tenant, who claimed to hold the demanded premises by virtue of a judgment, and an execution issued thereon, against the demandant.
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This was a writ of entry, wherein the demandant declared on his own seisin within thirty years, and on a disseisin done to him by the tenant. It was agreed that the demandant was seised, as set forth in his writ, unless his estate had been lawfully transferred to the tenant, who claimed to hold the demanded premises by virtue of a judgment, and an execution issued thereon, against the demandant. The execution was duly levied in every respect, except that it appeared that Robert Foster, the deputy sheriff, who set off the land in execution, although duly commissioned *by the sheriff, and…
1Per curiam
This is an extremely plain case, and depends on principles perfectly well settled. The deputy, having received a regular appointment from the sheriff, was an officer de facto, notwithstanding his neglect to comply with the provisions of the constitution ; and it is an established principle of law, that the acts of an officer, thus having color of title, in the exercise of the ordinary functions of his office, are valid in respect to the rights of third persons, who may be interested in such acts. The adoption of such a rule is necessary, to prevent a failure of justice, and the great public…
2Cases cited1 opinion
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
3Cited by33 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Carleton v. PeopleMichigan Supreme Court · 1862
- Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Guillotte v. PoincySupreme Court of Louisiana · 1889
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