Commonwealth v. Pejepscut Proprietors
Massachusetts Supreme Judicial Court
This was the same information for an intrusion by the defendants on certain lands, therein alleged to belong to the commonwealth, the substance of which is recited in the report of a former judgment rendered thereon. (Ante, vol. vii. p. 399, &c.) It was tried on the general issue, at the last October term, in this county, before Thatcher, J., and a verdict returned for the respondents.
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This was the same information for an intrusion by the defendants on certain lands, therein alleged to belong to the commonwealth, the substance of which is recited in the report of a former judgment rendered thereon. (Ante, vol. vii. p. 399, &c.) It was tried on the general issue, at the last October term, in this county, before Thatcher, J., and a verdict returned for the respondents. In the course of the trial, after the Attorney-General had exhibited to the jury the evidence of the title of the commonwealth to the lands demanded in the information, and after the defendants had exhibited,…
1Opinion of the CourtSew all, J.
The decision, now to be pronounced in this cause, is upon the motion for a new trial. The question which has neon considered in this view of the case, is the same which arises upon the demurrer to the rejoinder of the defendants; and the arguments at the bar were applied, with the same purpose, to the issue in law, and to the state of the evidence upon the issue in fact. The resolve, or legislative act, pleaded as an estoppel in the rejoinder, was re*169garded as conclusive evidence, or as having the effect of an estoppel or grant in the decision to which the attorney-general excepts. And we have…
2Cited by14 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Indiana v. MilkDistrict Court, D. Indiana · 1882
- State ex informatione Crow v. Lincoln Trust Co.Supreme Court of Missouri · 1898
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
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