Currier v. Esty
Massachusetts Supreme Judicial Court
Bill ie equity, filed September 22, 1871, alleging that the plaintiff and defendant were and for five years last past had been owners of adjoining estates in Middleton, both of which were formerly the property of Timothy Fuller; that the plaintiff became the owner of his estate in August 1866, by conveyance from Charles E. Proctor, at which time the defendant was the owner of the adjoining estate; and that in the deed from Proctor, the land conveyed was described as bounded,…
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Bill ie equity, filed September 22, 1871, alleging that the plaintiff and defendant were and for five years last past had been owners of adjoining estates in Middleton, both of which were formerly the property of Timothy Fuller; that the plaintiff became the owner of his estate in August 1866, by conveyance from Charles E. Proctor, at which time the defendant was the owner of the adjoining estate; and that in the deed from Proctor, the land conveyed was described as bounded, among other things, by a line running “ by land of Esty northwesterly about seventy-six rods to a stake and stones.”…
1Opinion of the CourtWells, J.
From the facts alleged in the bill and established at the hearing, it is manifest that in the writ of entry, 98 Mass. 500, both parties were unaware that the line of fences, by which they and their respective grantors had occupied for twenty-six years, diverged from the line as described in the writ.. The agreed statement in that case is inconsistent with any other' supposition. It represents the building in controversy to be 51 on the line of separation between said lots; ” and that “ the boundary line between the lots was under said building.” The disclaimer was filed upon that supposition;…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- Esty v. CurrierMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- London Guarantee & Accident Co. v. SterlingMassachusetts Supreme Judicial Court · 1919
- State Street Bank & Trust Co. v. BealeMassachusetts Supreme Judicial Court · 1967
- Trustees of Amherst College v. AllenMassachusetts Supreme Judicial Court · 1896
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
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