Backus v. Chapman
Massachusetts Supreme Judicial Court
Writ oe entry by Sylvester L. Backus, Daniel'H. Backus, Joseph H. Backus, Tryphosa B. Fassett and Alvarez Fassett, to recover land in Barnstable. Plea, nul disseisin. The tenant filed a claim for improvements. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: Joseph Backus, for many years previous to 1846, occupied as a homestead a parcel of land in Barnstable. The demanded premises were the westerly part of this parcel.
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Writ oe entry by Sylvester L. Backus, Daniel'H. Backus, Joseph H. Backus, Tryphosa B. Fassett and Alvarez Fassett, to recover land in Barnstable. Plea, nul disseisin. The tenant filed a claim for improvements. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: Joseph Backus, for many years previous to 1846, occupied as a homestead a parcel of land in Barnstable. The demanded premises were the westerly part of this parcel. There was a house on the westerly part of the parcel. About 1846 he built a new house on the easterly part of the parcel, and removed…
1Opinion of the CourtWells, J.
What constituted the “homestead” of Joseph Backus, the testator, at the time he made his will, its extent and boundaries, was an inquiry mainly of fact. No question of law is presented to us, unless it be whether the facts stated would warrant the conclusion arrived at by the judge who heard the case. We think they would; and it is not open to us to revise f hat conclusion upon the weight of the considerations which affect it as a question of fact. Trial by jury having been waived, the findings of the judge, in the court below, upon all facts and all inferences of fact, are conclusive, as if…
2Cited by20 opinions
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1886
- Ayer v. Androscoggin & Kennebec Railway Co.Supreme Judicial Court of Maine · 1932
- In Re EdwardsUnited States Bankruptcy Court, D. Massachusetts · 2002
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