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21 Mass. 312

Pond v. Wetherbee

Massachusetts Supreme Judicial Court

Decided October 25, 1825

Massachusetts Supreme Judicial Court · decided 1825-10-25

This was an action of debt, founded on St. 1817, c. 173, for cutting trees, the property of the plaintiff.

Decided 1825-10-25

Per Curiam.

¶1In the first section of St. 1783, c. 32, it is enacted, that an executor or administrator licensed to sell real estate of the testator or intestate, for the payment of debts, may “ execute, in due form of law, deeds, &c., which instruments shall make as good a title to the purchaser ” as the testator or intestate, in his lifetime, could give. A different phraseology is used, we know not for what reason, in the second section.1 This deed however comes within the first, and was properly admitted in evidence.

¶2Judgment according to verdict.

¶3 See Revised Stat. c. 71, § 10.

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