Proctor v. Putnam Machine Co.
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Fitchburg. Plea, nul disseisin. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The demandant contended that the land demanded was a portion of the land described, in a deed from David B. Ordway, executor of Abigail E. Marshall, to the demandant, as follows: “ Beginning at a stone in the ground at the northwesterly corner of said lot at land of Jeremiah Kinsman, Jr.;…
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Writ of entry to recover a parcel of land in Fitchburg. Plea, nul disseisin. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The demandant contended that the land demanded was a portion of the land described, in a deed from David B. Ordway, executor of Abigail E. Marshall, to the demandant, as follows: “ Beginning at a stone in the ground at the northwesterly corner of said lot at land of Jeremiah Kinsman, Jr.; thence running easterly sixty feet upon said road to a stone in the ground; thence southerly at right angles with the road…
1Opinion of the CourtDevens, J.
The demandant was informed by the tenant’s agents that the tenant proposed to build a wall upon its own land at its own expense, and assented that the wall should be put in according to the line of the tenant’s land as established by the survey of one Raymond. Upon these facts, the tenant asked an instruction which required the jury to find for it, even if the survey of Raymond was erroneous, and the wall was thus on the demandant’s land. This instruction was rightfully refused. A mistake of fact honestly made by the demandant, as to the location of the boundary line of his lot, by which he…
2Cited by9 opinions
- Hodgkins v. FarringtonMassachusetts Supreme Judicial Court · 1889
- Benz v. City of St. PaulSupreme Court of Minnesota · 1903
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1906
- Iverson v. SwanMassachusetts Supreme Judicial Court · 1897
- Peavey v. MoranMassachusetts Supreme Judicial Court · 1926
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