Morse v. Marshall
Massachusetts Supreme Judicial Court
Tort for cutting and carrying away wood and hay from the plaintiff’s close, the bed of an old mill pond in Easton. At the third trial in the superior court, before Wilkinson, J., it was agreed that this action, and also a similar action of Charlea Albro against this defendant, the judgment in which for the defendant was relied on by him as conclusive of actual title in the present action, were brought in the superior court on the same day, by Isaac Merritt, under powers of…
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Tort for cutting and carrying away wood and hay from the plaintiff’s close, the bed of an old mill pond in Easton. At the third trial in the superior court, before Wilkinson, J., it was agreed that this action, and also a similar action of Charlea Albro against this defendant, the judgment in which for the defendant was relied on by him as conclusive of actual title in the present action, were brought in the superior court on the same day, by Isaac Merritt, under powers of attorney and assignments of all rights of action for trespasses on the premises, from the present nominal plaintiff,…
1Opinion of the CourtWells, J.
The record title to the premises covering the locus in quo is established in the plaintiff by the former decisions in this case. 11 Allen, 229. 13 Allen, 288. The defence is now placed upon two grounds. First, that the defendant has acquired title by disseisin. Second, that by adverse use he has acquired a right to take the growing wood and crops from the land and make such other use of it “ as was not inconsistent with plaintiff’s right to flow ” it for his mill-pond.
*521No question arises upon the instructions as to title by disseisin, except that which relates to the ruling upon the effect of…
2Cited by13 opinions
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- White v. ChaseMassachusetts Supreme Judicial Court · 1880
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