¶1The title of the demandants to the land in question is to be referred to the judgment rendered upon the inquest of office: the condition annexed to that judgment was binding upon the proprietors of Bakerstown, and all claiming under them. Hackett was a settler within the terms and meaning of that condition, and the present tenant, as his assignee, is entitled, as against the demandants, to the land demanded. The conversation between Little and Hackett had no effect whatever to affect the tenant’s title under the said condition. The verdict is set aside, and a new trial is granted.
11 Mass. 202
Cushing v. Hackett
Massachusetts Supreme Judicial Court
Decided May 15, 1814
Massachusetts Supreme Judicial Court · decided 1814-05-15
Entry sur disseisin. The demandants claimed an undivided third part of a certain tract of land in Minott, (formerly part of Bakerstown.) A new trial being had, (vide vol. x. p. 164,) at the last October term, before Thatcher, J.,a verdict was returned for the demandants, subject to the opinion of the Court upon the judge’s report of the facts in evidence.
Decided 1814-05-15