Brown v. Matthews
Massachusetts Supreme Judicial Court
Petition, filed April 1,1873, under the Gen. Sts. e. 134, § 49, to compel the respondent to bring an action to try his alleged title to a parcel of land in Boston. The answer disclaimed title as to a part of the described premises; and, as to the residue, denied the seisin and possession of the petitioners, and alleged that the respondent was seised and possessed thereof.
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Petition, filed April 1,1873, under the Gen. Sts. e. 134, § 49, to compel the respondent to bring an action to try his alleged title to a parcel of land in Boston. The answer disclaimed title as to a part of the described premises; and, as to the residue, denied the seisin and possession of the petitioners, and alleged that the respondent was seised and possessed thereof. Hearing before jEndieott, J., who reported the case to the full court in substance as follows: The petitioners claimed title under a quitclaim deed from the Boston Water Power Company, dated October 7, and recorded October…
1Opinion of the CourtGray, C. J.
At the hearing of this petition before a single justice, there was evidence that the land in question, which had previously been flats partly covered with tide water, had been filled up by the Boston Water Power Company, while the respondent was president of that corporation, with gravel to the height of twelve feet, and, thus improved, conveyed by the cor*509porati on to the petitioners, who afterwards placed building stones upon the land, and fenced it, and paid the taxes thereon.
These facts, taken in connection with the other evidence introduced by the parties, warranted the conclusion that…
2Cases cited1 opinion
- Silsbee v. City of SalemMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Blanchard v. LowellMassachusetts Supreme Judicial Court · 1901
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- May v. New England RailroadMassachusetts Supreme Judicial Court · 1898