Long v. Colton
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close. At the trial in the Superior Court, before Dewey, J., the plaintiff put in the deed under which he claimed title to the premises in dispute, the description in which began as follows : “ Beginning at the northwest corner of the premises hereby conveyed, at a stake and stones, on land formerly owned by Joseph Lyman,” and, having given courses and distances to a certain stake and stones, concluded with “ thence west twenty…
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Tort for breaking and entering the plaintiff’s close. At the trial in the Superior Court, before Dewey, J., the plaintiff put in the deed under which he claimed title to the premises in dispute, the description in which began as follows : “ Beginning at the northwest corner of the premises hereby conveyed, at a stake and stones, on land formerly owned by Joseph Lyman,” and, having given courses and distances to a certain stake and stones, concluded with “ thence west twenty degrees north seventy-seven rods to the first mentioned bound.” Upon this description, it being conceded that “the…
1Opinion of the CourtColt, J.
The northwest corner of the land in controversy is described in the deed under which the plaintiff claims as on land formerly owned by Joseph Lyman. It was conceded at the trial that a corner of Lyman’s land was at the same point. The plaintiff’s northwest corner, therefore, could be located by establishing the position of Lyman’s corner.
Joseph Lyman had been dead many years, and his son was called to testify to his father’s declarations made on his own premises while he owned the land, about this corner of his land.
The declarations of deceased persons respecting boundaries are received as…
2Cases cited1 opinion
- Hall v. MayoMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Merwin v. MorrisSupreme Court of Connecticut · 1899
- Lemmon v. HartsookSupreme Court of Missouri · 1883
- Peck v. ClarkMassachusetts Supreme Judicial Court · 1886
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