Coyle v. Cleary
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Taunton. Trial in the Superior Court before Allen, J., who allowed a bill of exceptions in substance as follows : It appeared in evidence that Oliver Danforth formerly owned a large tract of land in Taunton, of which the tracts now owned by the plaintiff and defendant were a part.
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Tort for breaking and entering the plaintiff’s close in Taunton. Trial in the Superior Court before Allen, J., who allowed a bill of exceptions in substance as follows : It appeared in evidence that Oliver Danforth formerly owned a large tract of land in Taunton, of which the tracts now owned by the plaintiff and defendant were a part. The land of the defendant was conveyed by Danforth in 1828 to Edward Phillips, through whom it came by mesne conveyances to the defendant in 1868. The description in each of these conveyances is as follows: “ Beginning at a corner of a lot of land of William…
1Opinion of the Court
By the Court.
The old wall and the occupation in accordance therewith, as existing when each party to this action acquired his title and for many years before, were rightly submitted to the jury as evidence of the true line between them. Hathaway v. Evans, 108 Mass. 267. Exceptions overruled.
2Cases cited1 opinion
- Hathaway v. EvansMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Jones v. GingrasMassachusetts Appeals Court · 1975
- Morrison v. HolderMassachusetts Supreme Judicial Court · 1913
- Sutcliffe v. BurnsMassachusetts Supreme Judicial Court · 1936
- Peavey v. MoranMassachusetts Supreme Judicial Court · 1926
- Beckman v. DavidsonMassachusetts Supreme Judicial Court · 1894
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