Mixter v. Woodcock
Massachusetts Supreme Judicial Court
Weit oe entry, dated December 7,1886, to recover a parcel of land on Fruit Street in Worcester. After the former decision, reported in 147 Mass. 613, the action at law was changed in the Superior Court to a suit in equity.
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Weit oe entry, dated December 7,1886, to recover a parcel of land on Fruit Street in Worcester. After the former decision, reported in 147 Mass. 613, the action at law was changed in the Superior Court to a suit in equity. At the hearing, before Blodgett, J., it appeared in evidence that John E. Luther, who died in June, 1856, leaving a widow but no issue, was seised in fee of the parcel in question; that by his will his widow, under the former decision, took a life estate only in the premises, but remained in possession from the death of the testator until her death in 1886, believing that…
1Opinion of the CourtMorton, J.
Without undertaking to say that in no case could the occupation of a life tenant be so long continued and of such a character as to vest in him a title in fee by adverse possession, and without intending to intimate that it could, we think that the ruling of the judge who heard this case was correct. Under the decision in the case of Mixter v. Woodcock, 147 Mass. 613, the only estate which the widow had was a life tenancy. She was in possession of the premises as a life tenant. Her belief that she owned the property absolutely did not give her any additional rights, nor did the like belief on…
2Cases cited3 opinions
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
- Wallingford v. HearlMassachusetts Supreme Judicial Court · 1819
- Mixter v. WoodcockMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1941
- Clark v. ParsonsSupreme Court of New Hampshire · 1897
- Isbell v. MillsMassachusetts Supreme Judicial Court · 1918
- Kenwood Trust & Savings Bank v. PalmerAppellate Court of Illinois · 1918