# Burridge v. Fogg

> Massachusetts Supreme Judicial Court · October 15, 1851 · 8 Mass. 183

URL: https://www.frixlaw.com/law-library/cases/8319783

## Case

- **Full name:** Joseph Burridge & another v. Jesse Fogg & another
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 15, 1851
- **Citations:** 8 Mass. 183
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Shaw
- **Judges:** Shaw
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8319783

## Opinion text

Shaw, C. J.
This case we think must be governed by that of Ward v. Fuller, 15 Pick. 185 . The execution, delivery and acknowledgment of a deed, are by statute made to have the force and effect of livery of seizin, and therefore do constitute some evidence of seizin in the grantee, and therefore in the absence of all proof, on the part of the tenant, may avail. The plea of mil disseizin so far admits the tenant’s claim to have the freehold, that it is not incumbent on the demandant, to prove the tenant’s possession. Higbee v. Rice, 5 Mass. 352 ; Washington Bank v. Brown, 2 Met. 293 .
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8319783. Public record. Not legal advice.