Legal Opinion

Hall v. Eaton

Massachusetts Supreme Judicial Court

Decided May 8, 1885PublishedCited by 15 opinions

Writ of entry to recover a lot of land in the city of Worcester. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The land in dispute was a triangular tract on the northerly side of Dix Street, marked on a plan used at the trial, a copy of which is printed in the margin,* as “ Demanded Premises.”

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Writ of entry to recover a lot of land in the city of Worcester. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The land in dispute was a triangular tract on the northerly side of Dix Street, marked on a plan used at the trial, a copy of which is printed in the margin,* as “ Demanded Premises.” It Dix Street. 46 ft. appeared that all the land lying next northerly of Dix Street and between Wachusett Street on the east and Goulding Street on the west was formerly owned by Henry Goulding, and was…

1Opinion of the CourtW. Allen, J.

The courses of the lines on Wachusett Street and Dix Street are fixed on the land, and fix the angle contained by them. There is nothing on the land to fix the course of the second or of the third line, for it does not appear that the line of the land of the heirs of Henry Goulding mentioned is fixed. The description in the deed gives the length of the first, second, and third lines, which there is nothing to control, and the angle contained by the third and fourth lines. There is no difficulty in locating this description upon the land, and it makes the length of the fourth line eighty feet…

2Cases cited4 opinions

  1. Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
  2. Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
  3. Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
  4. Miles v. BarrowsMassachusetts Supreme Judicial Court · 1877

3Cited by15 opinions

  1. Holmes v. JudgeUtah Supreme Court · 1906
  2. Ingelson v. OlsonSupreme Court of Minnesota · 1937
  3. Temple v. BensonMassachusetts Supreme Judicial Court · 1912
  4. Wisconsin Realty Co. v. LullWisconsin Supreme Court · 1922
  5. Gray v. KelleyMassachusetts Supreme Judicial Court · 1906

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