Storer v. Batson
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant counts upon his own seisin within thirty years, and upon a disseisin done by the tenant, who pleads the general issue of nul disseisin, which is joined by the demandant.
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Entry sur disseisin. The demandant counts upon his own seisin within thirty years, and upon a disseisin done by the tenant, who pleads the general issue of nul disseisin, which is joined by the demandant. At the trial of this issue before Parker, J., November term, 1810, the demandant produced in evidence a judgment recovered by him against one David Jones, at the Court of Common Pleas for this county, and an execution, which duly issued thereon within thirty days after the judgment, and which was duly levied on the demanded premises March 5th, 1799, the same having been attached on the…
1Opinion of the Court
The action stood continued to this term ; and now the opinion of the court was pronounced as follows by
Sewall, J.
The demandant relies for his title and seisin on the levy of an execution ; and it appears that the premises in controversy were, on the fifth day of March, 1799, set off to him, and _ he accepted them, as the real estate of David Jones, in satisfaction of judgment recovered against him ; the premises having been attached upon the writ, by which the suit was commenced, and the levy and extent being within thirty days after the judgment was rendered.
Against this, supposed title the…
2Cases cited2 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Runey v. EdmandsMassachusetts Supreme Judicial Court · 1818
- Gillenwaters v. Miller, Gardner & Co.Mississippi Supreme Court · 1873
- President of the Northampton Bank v. WhitingMassachusetts Supreme Judicial Court · 1815
- Goodwin v. HubbardMassachusetts Supreme Judicial Court · 1818
- Judd v. LawrenceMassachusetts Supreme Judicial Court · 1848
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