Brewer v. Boston & Worcester Rail Road
Massachusetts Supreme Judicial Court
Writ of entry to recover a small parcel of flats appurtenant to the demandant’s upland, and situate in the same cove that is mentioned in the cases of the present tenants and Mary Tolman against Sparhawk and others, ante, p. 469. The case was submitted to the court on a statement of facts, as follows : On the 24th of August 1822, the demandant and Robert P. Tolman, under whose wife, Mary Tolman, the tenants claim, agreed that the dividing line between their land and flats…
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Writ of entry to recover a small parcel of flats appurtenant to the demandant’s upland, and situate in the same cove that is mentioned in the cases of the present tenants and Mary Tolman against Sparhawk and others, ante, p. 469. The case was submitted to the court on a statement of facts, as follows : On the 24th of August 1822, the demandant and Robert P. Tolman, under whose wife, Mary Tolman, the tenants claim, agreed that the dividing line between their land and flats below high water mark should begin at the westerly corner of a stone wall standing on the land then belonging to the…
1Opinion of the Court
Wilde, J.*
At the argument of this cause, several ques tions were discussed by counsel, one of which has since been decided in the case of Tolman v. Sparhawk others (ante, 469). It was objected in that case, as it was in this, that the parties to a parol agreement, establishing a divisional line between two adjoining lots of land, were estopped to prove that the line thus established was not the true line. The decision, however, in that case was, that where a line thus agreed upon was supposed by the parties to be the true line, and afterwards it appeared that it *483was not, such a parol…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
3Cited by1 opinion
- Shelton v. JohnstonWest Virginia Supreme Court · 1918