Morris v. Callanan
Massachusetts Supreme Judicial Court
Wbit of entby to recover “ a certain piece of land situate in Agawam,” formerly West Springfield, “containing ten acres, more or less, being lot numbered- eighteen in the south range of ten acre lots, so called.” The tenant pleaded nul disseisin as to part of the demanded premises, and disclaimed as to the residue.
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Wbit of entby to recover “ a certain piece of land situate in Agawam,” formerly West Springfield, “containing ten acres, more or less, being lot numbered- eighteen in the south range of ten acre lots, so called.” The tenant pleaded nul disseisin as to part of the demanded premises, and disclaimed as to the residue. At the trial in the superior court, before Devens, J., the demandant, to prove her title, put in a deed, dated in 1790, from Israel Williston to Thaddeus Bow, conveying land described as “lot No. 18, lying south of the road formerly leading from Springfield to Westfield; ” a deed…
1Opinion of the CourtGray, J.
The tenant in this case has no ground of exception to the rulings or instructions of the judge who presided in the . superior court.
1. As real estate descends to heirs unless the owner devises it otherwise, the presumption of such descent can be rebutted only by legal proof of a will containing such a devise. In this case, no evidence was offered of the contents of the alleged wills, and no competent evidence even of their execution.
2. The ancient deed, made more than fifty years ago, of lands described therein as bounding on an old ditch dividing the inward and outward commons, was competent…
2Cases cited1 opinion
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
3Cited by16 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Dow v. DowMassachusetts Supreme Judicial Court · 1923
- Randall v. ChaseMassachusetts Supreme Judicial Court · 1882
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