Leary v. Duff
Massachusetts Supreme Judicial Court
Petition, filed March 20, 1883, under the Pub. Sts. c. 176, to compel the respondent to bring an action to try his alleged title to a parcel of land in Boston.
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Petition, filed March 20, 1883, under the Pub. Sts. c. 176, to compel the respondent to bring an action to try his alleged title to a parcel of land in Boston. The petition alleged, that, in June, 1860, one John Duff, the uncle of the petitioner, and the father of the respondent, made a verbal gift of the land in question to the petitioner, and that she had had the open, continuous, and exclusive possession of the same ever since; that John Duff died in November, 1880, leaving a will in which no specific devise was made of any real estate, but the residue of his property, real, personal, and…
1Opinion of the CourtDevens, J.
The petitioner has shown that she was, at the time of filing her petition, in sole and exclusive possession of the premises described, claiming title thereto. On this point, the finding of the presiding judge is conclusive. India Wharf v. Central Wharf, 117 Mass. 504. It is the contention of the *149respondent, that, as she has failed to satisfy the presiding judge that she had acquired a complete title by adverse possession, and as he declined thus to find, it was not his duty, nor was it within his discretion, to order the respondent, who himself asserts title to two thirds of the premises, to…
2Cases cited3 opinions
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
- Proprietors of India Wharf v. Central Wharf & Wet Dock Corp.Massachusetts Supreme Judicial Court · 1875
- Brown v. MatthewsMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Marshall v. WalkerSupreme Judicial Court of Maine · 1900
- Arnold v. ReedMassachusetts Supreme Judicial Court · 1894
- Short v. CaldwellMassachusetts Supreme Judicial Court · 1891
- Orthodox Congregational Society v. Inhabitants of GreenwichMassachusetts Supreme Judicial Court · 1887
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