In the Case of Hill Agt. Whiteing in Ejectment, Whether Hills Father died on the 21st or 30th day of October 1732, He i.e. she is alike intitled to recover the 21 acres and 31 Rods of Land, and to recover the same by an Action of Ejectment; therefore on which of those Days he died seised, is an Immaterial Circumstance and not Traversable. Holbeck vs. Bennet, 2 Lev. 11, 2 Saunders 317....
2Editorial Note (Adams Papers)
In August 1770, with Adams and Jonathan Sewall as his counsel, John Whiting had prevailed in an action of trespass which he had brought against his neighbor Ichabod Ware for a tract of land near Smoking Hill in Wrentham. Referees, under a rule of the Superior Court directing them to fix a boundary between the litigants, had reported that no line could be drawn, because Ware had no claim to any...
In this Case the Plaintiff has alledged that her Father died seized on the Thirtyeth of the Month. But the Jury have found that he died seised on the Twenty first of the Month. 1. Inst. 293. a. “Also where a Man will sue a Writ of Right, it behoveth that he counteth of the Seisin of himself or of his ancestors, and also that the Seisin was in the same Kings Time, as he pleadeth in his Plea....