Muskeget Island Club v. Prior
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 1, 1912, by the Muskeget Island Club, a corporation, against William H. Prior and Charles A. Prior, seeking the removal from a portion of the Island of Muskeget, owned in common by the plaintiff, the defendant William H. Prior and other persons, of a building erected there by the defendant William H. Prior.
Read the full summary
Bill in equity, filed in the Superior Court on July 1, 1912, by the Muskeget Island Club, a corporation, against William H. Prior and Charles A. Prior, seeking the removal from a portion of the Island of Muskeget, owned in common by the plaintiff, the defendant William H. Prior and other persons, of a building erected there by the defendant William H. Prior. The case was referred to a master “to hear the parties, examine their vouchers and evidence, state the accounts, and make report thereof to the court.” The master filed a report containing the findings that are stated in the opinion.…
1Opinion of the CourtLoring, J.
This is an appeal from a decree directing the defendant William H. Prior to remove a building erected by him on land on Muskeget Island owned in common by a number of persons including the plaintiff and that defendant.
The general rule is well settled that each tenant in common has an equal right of entry, occupation and enjoyment,, the possession of one being presumed to be the possession of all. In accordance with this general proposition it has been held on the one hand that one cotenant can enter and take crops of the land owned in common, Silloway v. Brown, 12 Allen, 30, 37, and that he…
2Cases cited5 opinions
- Byam v. BickfordMassachusetts Supreme Judicial Court · 1885
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Bellis v. BellisMassachusetts Supreme Judicial Court · 1877
- Ingalls v. NewhallMassachusetts Supreme Judicial Court · 1885
- Capen v. LeachMassachusetts Supreme Judicial Court · 1902
3Cited by12 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- CUPROWSKI v. City of Jersey CityNew Jersey Superior Court Appellate Division · 1968
- United Board & Carton Corp. v. BrittingNew Jersey Superior Court Appellate Division · 1960
- Blessing v. T. Shriver and Co.New Jersey Superior Court Appellate Division · 1967
7 more not listed; retrieve them via the Exa API.