Adams v. Marshall
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Hadley, and cutting off a portion of a barn standing partly thereon and partly on the adjoining land of the defendant. Answer: 1. A general denial. 2. That the barn was on land conveyed by the plaintiff and one Joseph H. Adams to the defendant, as the former homestead of Joseph Adams, by deed dated April 1, 1874. 3. That, if the barn was not on land included in said deed, it passed as appurtenant to the homestead.
Read the full summary
Tort for breaking and entering the plaintiff’s close in Hadley, and cutting off a portion of a barn standing partly thereon and partly on the adjoining land of the defendant. Answer: 1. A general denial. 2. That the barn was on land conveyed by the plaintiff and one Joseph H. Adams to the defendant, as the former homestead of Joseph Adams, by deed dated April 1, 1874. 3. That, if the barn was not on land included in said deed, it passed as appurtenant to the homestead. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows :…
1Opinion of the CourtField, J.
The deed of Joseph H. Adams and Charles W. Adams to the defendant, dated April 1, 1874, as we construe it, did not convey the Tower lot. It bounds the premises “ thence east and south about eighty-six rods on the said Amanda Smith lot and Samuel Tower lot, so called, to the highway first mentioned.” If it had been the intention to include the Tower lot in the grant, this boundary would have been on the Amanda Smith lot to the highway. A boundary on a lot ordinarily excludes the lot.
A comparison of the description of the granted premises in the other deeds recited in the exceptions only…
2Cases cited13 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Graves v. . BerdanNew York Court of Appeals · 1863
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
- Mitchell v. SeipelCourt of Appeals of Maryland · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Crystal Concrete Corp. v. Town of BraintreeMassachusetts Supreme Judicial Court · 1941
- Herrin v. SiebenMontana Supreme Court · 1912
- Hopkins v. American Pneumatic Service Co.Massachusetts Supreme Judicial Court · 1907
22 more not listed; retrieve them via the Exa API.