Legal Opinion

Wheeler v. Laird

Massachusetts Supreme Judicial Court

Decided October 18, 1888PublishedCited by 11 opinions

Writ oe entry, dated August 5, 1887, to' recover a farm in Great Barrington and Sheffield. Trial in the Superior Court, before Staples, J., who directed a verdict for the demandant, and allowed a bill of exceptions, the material part of which appears in the opinion.

1Opinion of the CourtKnowlton, J.

Both parties claim title to the demanded premises under John H. Coffing, who died on August 14, 1882. The demandant has a deed, dated May 19,1887, duly executed by the executors of the will of Coffing under a power therein contained. The tenant claims a title by adverse possession, immediately following a parol gift of the property.

It is settled law, in this Commonwealth and elsewhere, that one who enters upon real estate by virtue of a parol gift, and, claiming as owner, continues for twenty years or more an open, exclusive, adverse, and uninterrupted possession of it, thereby acquires a…

2Cases cited4 opinions

  1. Pope v. HenrySupreme Court of Vermont · 1852
  2. Comins v. CominsSupreme Court of Connecticut · 1851
  3. Duff v. LearyMassachusetts Supreme Judicial Court · 1888
  4. International Bank of St. Louis v. FifeSupreme Court of Missouri · 1888

3Cited by11 opinions

  1. Inhabitants of Enfield v. WoodsMassachusetts Supreme Judicial Court · 1912
  2. Gray v. KelleyMassachusetts Supreme Judicial Court · 1906
  3. Sires v. MelvinSupreme Court of Iowa · 1907
  4. Robert v. PerronMassachusetts Supreme Judicial Court · 1930
  5. Parker v. KelseyOregon Supreme Court · 1916

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