Smith v. Smith
Massachusetts Supreme Judicial Court
Bill IN equity, filed in the Superior Court on February 16:, 1888, to remove a cloud upon the title of the plaintiff to a lot of land in Cottage City. The case was heard by Brigham, C. J., who made a decree for the plaintiff, from which the defendant appealed to this court; and was as follows. On November 30, 1878, the plaintiff became the owner of the land in question, being a portion of a tract known as the 16 Offset or Goat Pasture.”
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Bill IN equity, filed in the Superior Court on February 16:, 1888, to remove a cloud upon the title of the plaintiff to a lot of land in Cottage City. The case was heard by Brigham, C. J., who made a decree for the plaintiff, from which the defendant appealed to this court; and was as follows. On November 30, 1878, the plaintiff became the owner of the land in question, being a portion of a tract known as the 16 Offset or Goat Pasture.” No permanent bounds or fences were ever established or maintained between the land in question and the remainder of the tract. In 1879 and 1880 taxes upon the…
1Opinion of the CourtDevens, J.
The defendant claims through mesne conveyances under a deed made by the collector of Cottage City at a tax sale, which is alleged to be defective for several reasons. She does not appear by any facts to have been, when the bill was brought, in possession of the land in question, which has never been enclosed by permanent bounds or fences, nor does it appear that she or those under whom she claims have ever occupied the same.
A court of equity, by virtue of its general powers, will entertain a bill to remove a cloud upon a title occasioned by a deed .or similar instrument which may be…
2Cases cited5 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Davis v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Russell v. DeshonMassachusetts Supreme Judicial Court · 1878
- Holt v. WeldMassachusetts Supreme Judicial Court · 1886
3Cited by9 opinions
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Garden Cemetery Corp. v. BakerMassachusetts Supreme Judicial Court · 1914
- Culbert v. HallMassachusetts Supreme Judicial Court · 1902
- Barker v. MackayMassachusetts Supreme Judicial Court · 1897
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