Haynes v. Boardman
Massachusetts Supreme Judicial Court
Writ of entry, dated November 12, 1870, to recover a parcel of land in Haverhill. Plea, nul disseisin. At the trial in the Superior Court, before Allen, J., the jury found for the demandant; and the tenant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtColt, J.
There was evidence tending to show adverse possession of the demanded premises, commencing with the occupation of Mrs. Atwood in 1832, and continued until her death in 1847. She devised all her real estate to Susanna Gage for her life, remainder in fee to the demandant. The possession was continued in Susanna until her death in 1863, and by the demandant until shortly before the commencement of this action. The principal question is whether there was that privity of estate between the testatrix and her devisees which is required to establish title by continuous adverse possession.
It is…
2Cited by12 opinions
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