Illustrative Cases in Realty Volume 2

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1895 Excerpt: ... ILLUSTRATIVE CASES IN REALTY. ESTATES IN LAND. An estate in land is the quantum of interest which a person may hold therein. I FKEEHOLD ESTATES. A freehold estate is an estate of inheritance, or for life, in land, and at common law could be created only by livery of seisin. Cutts v. Commonwealth, Supreme Judicial Court of Massachusetts, 1807. 2 Mass. 284. Sedgwick, J. This case is brought before the Court by a writ of error, which complains of a judgment of the Court founded on a suit in favor of the Commonwealth against the plaintiff in error, instituted by the solicitor-general, by the order of a special resolve of the Legislature, in pursuance of the Act passed June 18, 1791, directing the manner in which inquests of office shall be taken to revest real estate in the Commonwealth, or to entitle the Commonwealth thereto. This writ is grounded on the second section of the statute, which enacts that in all other cases, where an inquest of office is necessary by law to entitle the Commonwealth to hold lands, tenements, or hereditaments, such inquest shall be taken by the Supreme Judicial Court, in the county where such estate lies, upon information of the attorney-general describing (among other things) the estate claimed, and the title set up thereto, by the Commonwealth. As this is a prosecution instituted by statute, in which, from the nature of the subject, the government, the party plaintiff, is the whole people, against an individual or individuals, the party defendant; and against whom the Judges are inevitably interested, it becomes important that none of the guards, which the law has provided for the security of the defendant, should be dispensed with. The statute, as recited, has rendered it necessary that the information should describe, 1st...