Nickerson v. Loud
Massachusetts Supreme Judicial Court
Bill in equity against Samuel Loud, Albert B. Low, Henry N. Stone and Thomas F. Temple. The bill set forth that the plaintiffs were on March 24,1873, and long before and ever since, seised and possessed, as tenants in common, of a parcel of land, wharf and flats, with the buildings thereon, known as McKay’s ship-yard, in East Boston; that they derived their title to the same by deed from Charles E. Brigham, under his deed from Donald McKay; that Samuel Loud, Albert B. Low…
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Bill in equity against Samuel Loud, Albert B. Low, Henry N. Stone and Thomas F. Temple. The bill set forth that the plaintiffs were on March 24,1873, and long before and ever since, seised and possessed, as tenants in common, of a parcel of land, wharf and flats, with the buildings thereon, known as McKay’s ship-yard, in East Boston; that they derived their title to the same by deed from Charles E. Brigham, under his deed from Donald McKay; that Samuel Loud, Albert B. Low and Henry N. Stone, combining, conspiring and confederating together with Thomas F. Temple, the register of deeds for the…
1Opinion of the CourtGray, C. J.
In order to induce a court of chancery to order a writing to be cancelled or surrendered, as constituting a cloud upon title, it must at least be an instrument which upon its face is, or with the aid of extrinsic facts may be, some evidence of a right adverse to the plaintiff’s. The writings which the defendants in this case have caused to be recorded in the registry of deeds are mere assertions, which cannot under any circumstances *98be evidence against the plaintiffs or in favor of the defendants, Such writings, whether recorded or unrecorded, do not constitute a cloud upon title, against…
2Cases cited1 opinion
- Peirsoll v. ElliottSupreme Court of the United States · 1832
3Cited by11 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Clark v. Kahn (In Re Dlott)United States Bankruptcy Court, D. Massachusetts · 1983
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Israel v. WolfSupreme Court of Georgia · 1897
- Strother v. ShainMassachusetts Supreme Judicial Court · 1948
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