Hurlbut Rogers Machinery Co. v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on July 10, 1918, for the registration of the title to certain land in Sudbury. The petition was heard by Davis, J. Material facts found by him are described in the opinion.
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Petition, filed in the Land Court on July 10, 1918, for the registration of the title to certain land in Sudbury. The petition was heard by Davis, J. Material facts found by him are described in the opinion. As to the title to the “ small triangular parcel” described in the opinion, the judge, upon “all of the facts . . . found that, if title by adverse possession could, as matter of law, be acquired by the petitioner and its predecessors, it had been so acquired; but ruled as matter of law that title could not be so acquired, and ordered a decree accordingly.” The petitioner alleged an…
1Opinion of the CourtBraley, J.
The first question is, whether any portion of the land described in the petition for registration comes within the location of the respondent’s railroad. If the boundary lines shown on the plan filed with the petition are the true boundaries, it is manifest that no part of the location is included. But the respondent contended and introduced evidence tending to show that the northerly line of the location ran through the extreme southwesterly corner of the land and buildings leaving a small triangular parcel and part of the chimney within the limits of the railroad location. The boundary…
2Cases cited11 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Dodd v. WittMassachusetts Supreme Judicial Court · 1885
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3Cited by8 opinions
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- Cytrynowski v. McDonaldMassachusetts Appeals Court · 2017
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