99 Mass. 616 | Mass. | 1868
The case of Chenery v. Webster, 8 Allen, 76, is decisive against this action. The real estate in question was
The fifty dollars received for rent after the two years had expired does not appear to be “ assets ” at all, but to belong to the heirs; and so must the real estate also, unless there was some fact to authorize the sale, which does not appear in this statement. But the plaintiff’s right to recover does not depend upon the validity or invalidity of the sale. She is barred by the statute ; and, if she can have any remedy, it must be under the St. of 1861, c. 174. Judgment affirmed.