Foley v. McCarthy
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says that he was seised in fee of a certain large tract of land situated in Attleborough, in the county of Bristol, and at large expense he platted said land into house lots, and laid out and set off a way or street, called Foley Street, thirty feet in width, by which street all of said house lots were bounded, and to which street all of said house lots were adjacent; that thereafterwards this plaintiff made sale of…
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Tort. The declaration was as follows: “ And the plaintiff says that he was seised in fee of a certain large tract of land situated in Attleborough, in the county of Bristol, and at large expense he platted said land into house lots, and laid out and set off a way or street, called Foley Street, thirty feet in width, by which street all of said house lots were bounded, and to which street all of said house lots were adjacent; that thereafterwards this plaintiff made sale of one of said house lots to this defendant, by a deed wherein the land so sold to the defendant is described as bounded by…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether the line of Foley Street, which by the deeds to the defendant is made the southerly boundary of his lot, is to be determined by the survey of Capron, the surveyor who surveyed the land and laid out the street for the plaintiff, and the line of stakes set there at the corners of the lots to mark the line of the street, or by the measurements given in the deeds, which would make the lots larger, and carry the line considerably out upon the land intended for the street.
The rule is familiar, that, where monuments and distances are given in a…
2Cases cited1 opinion
- Leatherbee v. BarrettMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- Leydecker v. BrintnallMassachusetts Supreme Judicial Court · 1893
- Ralph v. CliffordMassachusetts Supreme Judicial Court · 1916
- Stefanick v. FortonaMassachusetts Supreme Judicial Court · 1915
- Ellis v. WingateMassachusetts Supreme Judicial Court · 1959
- Frost v. BresnanMassachusetts Land Court · 1904