Legal Opinion

Inhabitants of Springfield v. Miller

Massachusetts Supreme Judicial Court

Decided September 15, 1815PublishedCited by 5 opinions

This was a writ of entry, in which the demandants counted upon their own seizin within thirty years, and upon a disseizin by the tenant.

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This was a writ of entry, in which the demandants counted upon their own seizin within thirty years, and upon a disseizin by the tenant. At a trial upon the general issue, before Putnam, J., at the last April term, the demandants produced in evidence a copy of the votes and proceedings of the town of Springfield, at a town-meeting, held on the 3d of February, 1684, from which it appeared, that a tract of land, extending four miles in width from the eastern line of the township, and extending in length from the northern to the southern boundary thereof, including the demanded premises, was, by…

1Opinion of the CourtWilde, J.

Application is made, in this case, to set aside the nonsuit ordered at the trial, on the ground, either that the demandants are entitled to recover upon the evidence admitted, or that competent evidence was rejected.

It must be manifest, that, if any title passed by the vote of 1684, it extended to the whole tract described in the vote ; and that the location of its divisions and subdivisions can have no influence in the determination of the cause.

But it is objected, that corporations can only grant by deed, and that nothing passed by the vote.

It is not necessary to decide what might be the…

2Cases cited2 opinions

  1. Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
  2. Codman v. WinslowMassachusetts Supreme Judicial Court · 1813

3Cited by5 opinions

  1. Bachelder v. WakefieldMassachusetts Supreme Judicial Court · 1851
  2. Thomas v. Inhabitants of MarshfieldMassachusetts Supreme Judicial Court · 1830
  3. Bachelder v. WakefieldMassachusetts Supreme Judicial Court · 1851
  4. Brown v. Town of SudburyMassachusetts Land Court · 1906
  5. Damon v. Inhabitants of GranbyMassachusetts Supreme Judicial Court · 1824

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