Cheney's Lessee v. Watkins

1 H. & J. 527

Opinion

Chase, Cb. J.

The court are of opinion, that if the jury believe that Elizabeth Durbin, the devisee in the will of John Durbin, intermarried with Samuel Burgess, then there is a clear deduction of title, possession, &c. to presume a deed to John Durbin from the patentee, or from his son Richard; and the court give the direction to the jury as prayed by the defendant. The plaintiff excepted.

Yerdict and judgment for the defendant.