Perkins v. Fairfield

Massachusetts Supreme Judicial Court
Perkins v. Fairfield, 11 Mass. 227 (Mass. 1814)

Perkins v. Fairfield

Opinion of the Court

Per Curiam.

The order of the Court of Common Pleas, under which the administrators made the sale in this case, was a license to them to make sale of all the real estate of their intestate. That court had jurisdiction of the subject matter. If that jurisdiction was improvidently exercised, or in a manner not warranted by the evidence from the Probate Court, yet it is not to be corrected at the expense of the purchaser, who had a right to rely upon the order of the court, as an authority emanating from a competent jurisdiction. It is too late to say that the neglect of requiring a bond from the administrators, to account for the proceeds of the sale, is fatal to a title derived from their authority, (a)

Tenant defaulted.

Leverett vs. Harris, 7 Mass. Rep. 292. — Sed vide Thomson vs. Brown & Al. 16 Mass. Rep. 172.—Heath vs. Wells, 5 Pick. 140.

Reference

Full Case Name
Levi H. Perkins versus Jeremiah Fairfield
Cited By
37 cases
Status
Published