Kellogg v. Smith
Massachusetts Supreme Judicial Court
In this case, which was tried before Shaw, C. J., and reported by him, after a verdict for the plaintiff, for the consideration of the whole court, the opinion exhibits all the facts.
1Opinion of the CourtFletcher, J.
This was an action of trespass quare clausum fregit, for breaking and entering the plaintiff’s close, situated in Great Barrington, and cutting and carrying away certain wood and timber. Both parties claim title to the locus in quo.
It appears that certain Indians, by a deed dated the 25th of April, 1724, conveyed certain lands to John Stoddard and others, a committee appointed by the legislature of the province to take the same, for the use of certain persons named and described, and their associates. This grant embraced the south west corner of Massachusetts; bounded south, on the line of…
2Cases cited23 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- McCormick v. BarnumNew York Supreme Court · 1833
- Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
- Rockwell v. AdamsNew York Supreme Court · 1831
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