Litchfield v. Ferguson
Massachusetts Supreme Judicial Court
Four actions, of tort. Writs dated April 20, 1876. The declaration in each case contained two counts, one, in the nature of trespass, for forcibly entering the plaintiff’s close in Scituate, being his sea-beach on the easterly side of his home farm, and carrying away sand, sea manure, &c., and the other, in the nature of trover, for the conversion of the sand, sea manure, &c.
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Four actions, of tort. Writs dated April 20, 1876. The declaration in each case contained two counts, one, in the nature of trespass, for forcibly entering the plaintiff’s close in Scituate, being his sea-beach on the easterly side of his home farm, and carrying away sand, sea manure, &c., and the other, in the nature of trover, for the conversion of the sand, sea manure, &c. The answer in each case contained a general denial; alleged that the defendant owned a farm in Scituate, that he had a right, as appurtenant to his farm, to gather sea manure on the premises described in the plaintiff’s…
1Opinion of the CourtDeveus, J.
In view of the decision made in Litchfield v. Scituate, 186 Mass. 39, in which case it became necessary to consider the title of the plaintiff and of his grantor in the' beach alleged by the declaration in the case at bar to have been trespassed upon, it is not now contended that any record title can be shown to have been possessed by the plaintiff’s grantor in the premises in controversy.
The deed of A. D. Waterman, in 1795, to Ward Litchfield, who was the grantor of the plaintiff, bounded the tract conveyed “northeasterly on the beach,” and the boundary upon the beach *99necessarily excluded…
2Cases cited3 opinions
- Harding v. EldridgeMassachusetts Supreme Judicial Court · 1904
- Morrison v. ChapinMassachusetts Supreme Judicial Court · 1867
- Perry v. WeeksMassachusetts Supreme Judicial Court · 1884
3Cited by11 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Anderson v. DeVriesMassachusetts Supreme Judicial Court · 1950
- Haskell v. FriendMassachusetts Supreme Judicial Court · 1907
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
- Axline v. ShawSupreme Court of Florida · 1895
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