Massachusetts Supreme Judicial Court, 1810

Dow v. Warren

Dow v. Warren
Massachusetts Supreme Judicial Court · Decided March 15, 1810
6 Mass. 328
Dow v. Warren

Cases that cite this one

8 later published cases cite this decision.

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Opinion of the Court

The Court thereupon observed that this objection was fatal But the counsel for the demandant urged that each successive heir in tail was entitled to bring his action of formedon at any time within twenty years after his right accrued. The Court denied this position to be law,, and said that it had been formerly settled in the case of Hart vs. Hart, in Middlesex, that when the statute of limitations had once begun to run against the heir in tail, no subsequent event could interrupt its progress; and after it had run twenty years, no formedon could afterwards be maintained.

The demandant therefore moved for, and had leave to discontinue.

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