Massachusetts Supreme Judicial Court, 1807

Hunt v. Sprague

Hunt v. Sprague
Massachusetts Supreme Judicial Court · Decided October 15, 1807
3 Mass. 312
Hunt v. Sprague

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Curia.

Non-tenure to this action may be pleaded either with ot without disclaimer. In this plea there is much surplusage. It would have been enough to allege that, at the time of suing the writ, he did not hold, never since has held, and now does not hold the tenements demanded. In its present form it is substantially a pieu of non-tenure with disclaimer, and, being demurred to, it is sufficient to defeat the plaintiff’s suit (2).

[Prout vs. Libbey, 14 Mass. 151.— Ed.]

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