Cook v. Babcock
Massachusetts Supreme Judicial Court
This was an action of trespass quare clansum fregit. The defendant pleaded the general issue, and specified in defence property in himself. At the trial in the court of common pleas before Mellen, J., the jury returned a verdict for the plaintiff, and the case came before this court on a bill of exceptions, the substance of which appears in the opinion.
1Opinion of the CourtShaw, C. J.
On the trial of this action, the whole controversy turned on a question of boundary. The plaintiff asserts a title to a strip of land, now admitted to lie within the town of Chester, adjoining its southern boundary on the town of Blandford, but which the plaintiff insists, did formerly lie within the territory of the town of Blandford, on its northerly line, adjoining the town of Chester. The dividing line between Blandford and Chester was fixed by two acts of the legislature, passed respectively February 22, 1809, and June 13, 1810. These acts did not purport to set off any territory from…
2Cases cited1 opinion
- Williams' administrator v. McClanahanCourt of Appeals of Kentucky · 1861
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