Olson v. Keith
Massachusetts Supreme Judicial Court
Writ oe entry, to recover a parcel of land in Brockton, being the parcel included between the lines A B C E G, as shown on the following plan. Plea, nul disseisin, and a disclaimer of title as to so much of the parcel as lies east of the line D G. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows.
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Writ oe entry, to recover a parcel of land in Brockton, being the parcel included between the lines A B C E G, as shown on the following plan. Plea, nul disseisin, and a disclaimer of title as to so much of the parcel as lies east of the line D G. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The demandant put in evidence a deed from the tenant to him, dated December 3,1889, in which the premises conveyed were described as follows: “ Beginning at a point in the northerly line of a private way which runs westerly from Copeland…
1Opinion of the CourtKnowlton, J.
On the undisputed facts of this case the deed from the tenant to the demandant fixes exactly the location of all the lines and boundaries of the lot conveyed, and its construction cannot be controlled or affected by paroi evidence. Cook v. Babcock, 7 Cush. 526. Stowell v. Buswell, 135 Mass. 340.
The boundary A on the plan is the starting point, at the southwesterly corner of William King’s house lot, and is not in dispute. The line A B is the westerly boundary line of the lots of King and Sturgis, and is not in dispute. The point G is fixed at 60 feet from the point A, on the northerly line of…
2Cases cited2 opinions
- Morse v. RogersMassachusetts Supreme Judicial Court · 1875
- Stowell v. BuswellMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
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- Eastern Bank v. Benton (In re Benton)United States Bankruptcy Court, D. Massachusetts · 2017