Proprietors of India Wharf v. Central Wharf & Wet Dock Corp.
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 134, § 49, to compel the respondent to bring an áction to try his alleged title to a parcel of land in Boston. The answer denied that the petitioner ever had been in actual possession of the land described in the petition, taking the rents and profits' thereof; and averred that the respondent owned a part of the land in fee, and claimed a right or easement in common with the petitioner over the residue.
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Petition under the Gen. Sts. c. 134, § 49, to compel the respondent to bring an áction to try his alleged title to a parcel of land in Boston. The answer denied that the petitioner ever had been in actual possession of the land described in the petition, taking the rents and profits' thereof; and averred that the respondent owned a part of the land in fee, and claimed a right or easement in common with the petitioner over the residue. At the hearing before Ames, j., the following facts appeared: The land in question was formerly a dock lying bo tween the wharves of the petitioner and the…
1Opinion of the CourtGray, C. J.
In order to maintain a petition under the Gen. Sts. e. 134, § 49, to compel the bringing of an action to try title to real estate, the petitioner must have substantially and practically the exclusive possession. It is not sufficient that he has a mere formal or nominal possession, which he can without disadvantage abandon and himself bring an action against the adverse claimant. Nor is it sufficient that he might be treated as a disseisor at the election of the latter; for any person asserting a title to land may be so treated at the election of. the rightful owner; and to give such a…
2Cases cited2 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- Orthodox Congregational Society v. Inhabitants of GreenwichMassachusetts Supreme Judicial Court · 1887
- Daudt v. KeenSupreme Court of Missouri · 1894
- Ginn v. UlmerSupreme Judicial Court of Maine · 1909