Bellis v. Bellis
Massachusetts Supreme Judicial Court
Petition to the Superior Court, served on the respondent on May 18, 1873, for the partition of a parcel of land in Waltham. Trial, without a jury, before Colburn, J., who allowed a bill of exceptions, so much of which as is necessary to the understanding of the point decided is stated in the opinion.
1Opinion of the CourtMorton, J.
It is the general rule of law that the possession of one tenant in common, though exclusive, being consistent with the right of his co-tenant, does not amount to a disseisin of the co-tenant, and that an ouster, or some act which the law deems equivalent to an ouster, is necessary to constitute a disseisin of his co-tenant by a tenant in common. But if, with the knowledge of his co-tenant, he enters upon the land under a claim of exclusive right, and maintains his possession to the exclusion of his co-tenant, this will amount to a disseisin, which, if continued for twenty years, will give the…
2Cases cited6 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827
- Weed Sewing Machine Co. v. EmersonMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ottavia v. SavareseMassachusetts Supreme Judicial Court · 1959
- Long v. WickettMassachusetts Appeals Court · 2000
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Joyce v. DyerMassachusetts Supreme Judicial Court · 1905
- Langdon v. TempletonSupreme Court of Vermont · 1893
14 more not listed; retrieve them via the Exa API.