Pratt v. Putnam
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum, fregit, originally brought before a justice of the peace ; and the defendants there pleaded not guilty, and also soil and freehold. The cause was carried to the Common Pleas according to the statute, and thence came tc, this Court by appeal.
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This was an action of trespass quare clausum, fregit, originally brought before a justice of the peace ; and the defendants there pleaded not guilty, and also soil and freehold. The cause was carried to the Common Pleas according to the statute, and thence came tc, this Court by appeal. The action came on for trial, before Putnam, J., at the sittings here after the last September term ; when the judge directed the jilea of not guilty to be struck out, and that the cause should be tried on the plea of soil and freehold, as if that alone had been pleaded before the justice. The plaintiffs, to…
1Opinion of the CourtParker, C. J.
It has never been considered necessary, that the attorney, to whom seizin is delivered by the sheriff, when he extends an execution upon real estate according to the statute, should be regularly constituted attorney by deed. On the contrary, it was decided some years since by this Court, before the commencement of our reports, that the attorney of record, under whose management the judgment had been recovered, might, without any further authority, receive seizin for the creditor.
Neither do we see any reason, why any person, undertaking to act in this respect for the creditor, may not be…
2Cited by5 opinions
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