Ela v. Yeaw
Massachusetts Supreme Judicial Court
Writ oe entry, dated May 8,1882, to recover a parcel of land in Lawrence. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenants, to this court, on appeal, upon agreed facts, in substance as follows. On September 5, 1877, and for nearly twenty years prior thereto, the demandant was in possession of the land and seised thereof in fee.
Read the full summary
Writ oe entry, dated May 8,1882, to recover a parcel of land in Lawrence. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenants, to this court, on appeal, upon agreed facts, in substance as follows. On September 5, 1877, and for nearly twenty years prior thereto, the demandant was in possession of the land and seised thereof in fee. The tenants claim under the demandant by a levy and sale on an execution, which issued in favor of the Adams National Bank against the demandant on July 2,1877, and was returned on October 8, 1877. The demanded…
1Opinion of the CourtAllen, J.
1. The levy was not rendered invalid by the misdescription of the length of the boundary line on Essex Street. The monuments referred to were plain. On the east the land *193was bounded by the westerly line of the railroad; northerly about ninety feet on Essex Street; westerly by an embankment thirty feet wide. There was but one embankment visible, its distance from the westerly line of the railroad being about one hundred and seventy-one feet. To any one examining the premises, the eastern and western boundaries were obvious. By the original- deed to the demandant, his lot was only ninety-three…
2Cases cited3 opinions
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Baker v. BakerMassachusetts Supreme Judicial Court · 1878
- Sanborn v. ChamberlinMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Rowley v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2003
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901