Iverson v. Swan
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close in Beverly, and tearing down and carrying awaj' a fence and erecting a building thereon. Trial in the Superior Court, before Hammond, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the' opinion.
1Opinion of the CourtHolmes, J.
The only question was with regard to the true boundary line between the plaintiff and the defendant. Both parties held under deeds from a common grantor, in which the boundary line was described as at right angles with Lothrop Street. If this was the line, the defendant was entitled to a verdict, and the judge was right in directing one in his favor. To control this the plaintiff put in evidence that the defendant’s predecessor in title, who held under the earlier deed, set up a fence which diverged somewhat from the right angle and made the line insisted on by the plaintiff; that the fence…
2Cases cited2 opinions
- Hall v. EatonMassachusetts Supreme Judicial Court · 1885
- Proctor v. Putnam Machine Co.Massachusetts Supreme Judicial Court · 1884
3Cited by12 opinions
- Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Jones v. GingrasMassachusetts Appeals Court · 1975
- Taylor v. JonesMassachusetts Supreme Judicial Court · 1922
- Benz v. City of St. PaulSupreme Court of Minnesota · 1903
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