Legal Opinion

McQuesten v. Commonwealth

Massachusetts Supreme Judicial Court

Decided March 3, 1908PublishedCited by 15 opinions

Petition filed in the Land Court (then called the Court of Land Registration) September 18, 1902, for registration of the title to land, flats and dock known as “Hooper’s Wharf,” on Front Street in Marblehead. The facts and the course of the proceedings are stated in the opinion.

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Petition filed in the Land Court (then called the Court of Land Registration) September 18, 1902, for registration of the title to land, flats and dock known as “Hooper’s Wharf,” on Front Street in Marblehead. The facts and the course of the proceedings are stated in the opinion. All hearings in the Land Court were before Davis, J. The trial of the issues in the Superior Court and the hearing on the motion of the petitioner for a new trial were before Lawton, J. The hearing on the motion that the exceptions taken by the petitioner at the trial before the jury be dismissed for want of…

1Opinion of the CourtLoring, J.

On September 18, 1902, the petitioner filed an application for registration of his title to a lot of land bordering on Marblehead Harbor.

The Commonwealth and the town of Marblehead appeared in the Land Court in opposition to this petition, and set up in defense that the locus was subject to the rights of a public landing.

On October 2, 1903, the Land Court entered a decree of confirmation and registration of title in the plaintiff, free of incumbrances. From this decree the Commonwealth and the town of *174Marblehead took appeals on issues of fact to be tried in the Superior Court.

Two issues of…

2Cases cited2 opinions

  1. City of Worcester v. Lakeside Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
  2. Earl Carpenter & Sons Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903

3Cited by15 opinions

  1. Kozdras v. Land/Vest Properties, Inc.Massachusetts Supreme Judicial Court · 1980
  2. Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
  3. Kyle v. ReynoldsMassachusetts Supreme Judicial Court · 1912
  4. Mitchell v. BazilleSupreme Court of Minnesota · 1944
  5. Sheffer v. ShefferMassachusetts Supreme Judicial Court · 1944

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