Sanborn v. Rice
Massachusetts Supreme Judicial Court
The first case was an action of tort for breaking and entering the plaintiff’s close in Boston. Writ dated May 28, 1878. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: The plaintiff and the defendant are owners of adjoining estates on Rutland Street, on each of which is a brick house covering the entire width of the lot, with a partition wall between them eight inches thick.
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The first case was an action of tort for breaking and entering the plaintiff’s close in Boston. Writ dated May 28, 1878. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: The plaintiff and the defendant are owners of adjoining estates on Rutland Street, on each of which is a brick house covering the entire width of the lot, with a partition wall between them eight inches thick. The plaintiff contended that the division line between the two estates was the centre of this partition wall. The trespass complained…
1Opinion of the CourtLord, J.
The plaintiff’s right to recover in this action depends upon his ownership in severalty of half the division wall between his house and that of the defendant; but the precise question arising upon this report is whether there was evidence to submit to the jury tending to prove such ownership, and we have no doubt that there was such evidence.
*392There is, perhaps, no rule of construction more familiar than the rule that, in an instrument of conveyance of land, if there be any discrepancy between distances and monuments mentioned in the deed, the monument must be regarded as controlling, and the…
2Cases cited3 opinions
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- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Keening v. AylingMassachusetts Supreme Judicial Court · 1879
3Cited by42 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Firth v. MarovichCalifornia Supreme Court · 1911
- Coughlin v. BarkerMissouri Court of Appeals · 1891
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