Miles v. Barrows
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Newton, removing a division fence therefrom, taking possession, of a strip of land belonging to the plaintiff, and setting up a fence across his land. At the trial in the Superior Court, without a jury, Brigham, C. J., found certain facts, which are stated in the opinion of the court, and ruled that the plaintiff was entitled to recover.
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Tort for breaking and entering the plaintiff’s close in Newton, removing a division fence therefrom, taking possession, of a strip of land belonging to the plaintiff, and setting up a fence across his land. At the trial in the Superior Court, without a jury, Brigham, C. J., found certain facts, which are stated in the opinion of the court, and ruled that the plaintiff was entitled to recover. On the question of damages, the defendant contended that the plaintiff, if entitled to recover at all, could recover only nominal damages. The judge found that the damages to the plaintiff’s fence did…
1Opinion of the CourtMorton, J.
The question, upon which the liability of the defendant depends, is whether the easterly line of her lot is the line upon which the fence has stood for eighteen years or a line eighteen inches further east. This is to be determined by the construction of the deeds under which she claims, aided, so far as is competent, by extrinsic evidence.
On December 8, 1854, the defendant’s lot was conveyed to .John F. Boyd by two deeds, one from Samuel Jennison, Jr., guardian of John and Frank T. Richardson, and the other from Edward H. Eldredge, guardian of Ralph Eldredge. The descriptions and terms of…
2Cases cited3 opinions
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3Cited by12 opinions
- Young v. BlakemanCalifornia Supreme Court · 1908
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Ward v. Gay.Supreme Court of North Carolina · 1905
- Haskell v. FriendMassachusetts Supreme Judicial Court · 1907
- Hall v. EatonMassachusetts Supreme Judicial Court · 1885
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