Tufts v. City of Charlestown
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent for the purpose of laying out, straightening and altering Alford Street in Charles-town. At the trial before a sheriff’s jury it appeared that a part of the land taken consisted of flats on Mystic River, below high-water mark and within a hundred rods of the shore.
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Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent for the purpose of laying out, straightening and altering Alford Street in Charles-town. At the trial before a sheriff’s jury it appeared that a part of the land taken consisted of flats on Mystic River, below high-water mark and within a hundred rods of the shore. Evidence was put in to show that the petitioners had acquired a title to the flats by adverse possession and the presiding officer ruled that the jury upon the evidence would be warranted in finding that the petitioners had…
1Opinion of the CourtMorton, J.
The only question presented to us is as to the correctness of the ruling of the sheriff that upon the evidence the jury would be warranted in finding a title to the estate in the petitioners by adverse possession. A part of the estate taken by the respondent consisted of flats below high-water mark and within one hundred rods of the shore, and the respondent contends that the ruling was erroneous as applied to these flats.
A title to flats, as well as to any other lands, may be acquired by prescription or adverse possession. And the same general rule applies to flats as to other lands. An…
2Cases cited2 opinions
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Boston Mill Corp. v. BulfinchMassachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- LaChance v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1938
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- Hittinger v. EamesMassachusetts Supreme Judicial Court · 1877
- Wellington v. CambridgeMassachusetts Supreme Judicial Court · 1915
- Eastern Railroad v. AllenMassachusetts Supreme Judicial Court · 1883
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