Horton v. Wilde

Decided September 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-09-15

Writ of error sued out by Samuel F. Horton and Warren Delano, Jr. to reverse a judgment of the court of common pleas, in favor of Alden Wilde against them jointly, upon an award of referees under a submission entered into before a justice of the peace, under the Rev. Sts. c. 114. The error assigned was, that Delano did not sign or acknowledge the submission, nor appear before the referees, and that the referees therefore had no jurisdiction.

Cited by 1 later decisions — most recently January 1931

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-09-15

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By the Court.

¶11. The case of Abbott v. Dexter, 6 Cush, *427108, is directly in point to show that this submission and the award rendered thereon were utterly void.

¶22. We have not facts enough before us to enable us to determine the title of the plaintiff in error to the land. But that is immaterial. It is a simple case of levy of execution by appraisement upon a parcel of land. If the title has passed to another person, so that the plaintiff in error has no right, the order prayed for would not help him. If, on the other hand, he has a right to the land against the party now holding it, he can maintain a writ of entry. Judgment reversed.