Legal Opinion
Kendall v. Selvaggio
Massachusetts Supreme Judicial Court
Decided November 5, 1992PublishedCited by 120 opinions
1Opinion of the CourtNolan, J.
In 1985 the plaintiffs filed a complaint in the Superior Court alleging trespass. The defendants counterclaimed that they had acquired title to the land in dispute through adverse possession. The parties then stipulated that the defendants’ fence stood, in fact, on the plaintiffs’ property and that if its presence there was not legal then trespass would lie. Because of this stipulation, the trial judge ruled that the plaintiffs had sustained their burden on the trespass claim, and, consequently, the burden had shifted to the defendants on their adverse possession counterclaim. The defendants…
2Cases cited15 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
- J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Marlow v. City of New BedfordMassachusetts Supreme Judicial Court · 1976
- Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
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3Cited by120 opinions
- Psy-Ed Corporation v. KLEIN HIRSCHMassachusetts Supreme Judicial Court · 2011
- Millennium Equity Holdings, LLC v. MahlowitzMassachusetts Supreme Judicial Court · 2010
- A.W. Chesterton Co. v. Massachusetts Insurers Insolvency FundMassachusetts Supreme Judicial Court · 2005
- Sahin v. SahinMassachusetts Supreme Judicial Court · 2001
- Williams v. Resolution GGF OyMassachusetts Supreme Judicial Court · 1994
115 more not listed; retrieve them via the Exa API.