16 Mass. 53 | Mass. | 1819
delivered the opinion of the Court. The question to be tried in this action was, whether Warren was tenant of the freehold at the time dower was demanded of him, and the present suit commenced.
*The deed of ’William Otis to him, made in September, [ *56 ] 1813, conveyed the seisin, Otis having been before seised by virtue of the deed from Joseph Otis, the husband of the demandant. Warren could no otherwise disprove this seisin in himself, than by showing a conveyance from him, or a paramount title in some other. No conveyance from him is pretended ; but he sets up against his own title, the supposed title of Watkins, by a levy of an execution on a part of the land, as belonging to W. Otis, after his conveyance to Warren; and the title of the United States to the
But we see nothing in the case, which goes to defeat the title of Warren under Otis, upon the supposition that the conveyance was boná fide and for a valuable consideration; which we must presume, as the case stands before us.
Watkins’s lien by the attachment ceased after thirty days from his first judgment. The law of the United States, which gives a writ of error
As to the claim of the United States, which has been set up in the defence, we see no ground for it. In cases of insolvency, the law of the United States
It has been suggested in the argument that, as Otis was an officer of the United States
Tenant defaulted.
U. S. Stat. 1 Cong. 1 Sess. c. 19, § 22.
U. S. Stat. 4 Cong. 1 Sess. c. 74, § 5.
[Theluson & Al. vs. Smith, 2 Wheat. 396. 1 Peters, 395. —United States vs. Howland & Al. 4 Wheat. 108. —Prince vs Bartlett, 8 Cranch, 431. —United States vs. Hoot & Al. 3 Cranch, 73. —Ed.]
He was for some years collector of the customs for the port of Barnstable.
Stat. 5 Cong. 1 Sess. c. 88, § 15.