Perry v. Weeks
Massachusetts Supreme Judicial Court
The First case was a writ of entry, dated May 21, 1883, to recover a parcel of land in Adams, containing about 400 acres. Plea, nul disseisin.
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The First case was a writ of entry, dated May 21, 1883, to recover a parcel of land in Adams, containing about 400 acres. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: The demandant rested his case upon a warranty deed to him from Mary W. Perry and Elizabeth Wells, executed on February 10, 1883, and upon the evidence of a surveyor, which identified the land described in the warranty deed with the land sought to be recovered. The tenant in support of his defence relied upon the…
1Opinion of the CourtDevens, J.
The evidence offered by the tenant in the first case tended to show that all the acts of ownership that ordinarily could be exercised upon a defined but unenclosed tract of wild land had been exercised by him during a period of twenty-nine years, under a claim of title thereto by possession. In respect to these acts the case resembles Slater v. Jepherson, 6 Cush. 129, where it was held that those there proved were not suchas to constitute a disseisin of the true owner. We shall not have occasion to consider whether or not the acts here shown more strongly tend to show such disseisin, as we…
2Cases cited3 opinions
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- Farwell v. RogersMassachusetts Supreme Judicial Court · 1868
- Litchfield v. Inhabitants of ScituateMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Anthony v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- Morrison v. HolderMassachusetts Supreme Judicial Court · 1913
- Litchfield v. FergusonMassachusetts Supreme Judicial Court · 1886
- Nickerson v. HardingMassachusetts Supreme Judicial Court · 1929
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