Newhall v. Wheeler
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, sued by the demandant to recover his seisin in fee simple of a parcel of land in Pepper ell, in this county, against the tenant. The action was tried upon the general issue at the sittings here after November term, 1808, before Parker, J., when a verdict was taken for the demandant, subject to the opinion of the Court upon a question reserved by the judge.
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This was a writ of entry sur disseisin, sued by the demandant to recover his seisin in fee simple of a parcel of land in Pepper ell, in this county, against the tenant. The action was tried upon the general issue at the sittings here after November term, 1808, before Parker, J., when a verdict was taken for the demandant, subject to the opinion of the Court upon a question reserved by the judge. From the judge’s report it appears that both parties derive their title under Josiah Hunt, who, being seised in fee of the premises, conveyed the same to Joshua Simonds, who afterwards conveyed the…
1Opinion of the Court
The action was continued nisi for advisement, and at the following March term in Suffolk, the opinion of the Court was delivered as follows, by
Parsons, C. J.
(after reciting the substance of the report of the trial, and stating the question reserved.) This cause has been very well argued on each side. The counsel for the tenant contends, that as the selectmen of Hollis were not a corporation to take in succession, and as the estate conveyed to them was for the use of Josiah Hunt, it vested in him by the statute of uses; but as the grantees took only a life estate, a life estate only vested in…
2Cited by31 opinions
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- City of Tallahassee v. FortuneSupreme Court of Florida · 1850
- Neilson v. LagowSupreme Court of the United States · 1851
- Ellsworth College v. Emmet CountySupreme Court of Iowa · 1912
- Leigh v. HarrisonMississippi Supreme Court · 1892
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