Pollard v. Ketterer
Massachusetts Supreme Judicial Court
Writ of entry, dated April 24 and amended December 13, 1909, by the owner of the Hotel Haymarket on the corner of Causeway Street and Canal Street in Boston against the owner of ICetterer’s Hotel adjoining the demandant’s hotel on Canal Street, to recover a strip of land at the rear of the demandant’s hotel measuring two and ten one hundredths feet on that street and running back at that uniform width the distance of forty-eight and fifty one hundredths feet.
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Writ of entry, dated April 24 and amended December 13, 1909, by the owner of the Hotel Haymarket on the corner of Causeway Street and Canal Street in Boston against the owner of ICetterer’s Hotel adjoining the demandant’s hotel on Canal Street, to recover a strip of land at the rear of the demandant’s hotel measuring two and ten one hundredths feet on that street and running back at that uniform width the distance of forty-eight and fifty one hundredths feet. In the Land Court the case was tried before Davis, J., who on April 8, 1910, filed a decision in favor of the tenant. From this…
1Opinion of the CourtBraley, J.
We are of opinion that the tenant’s exceptions should be overruled.
The parties who derive title from a common grantor own contiguous estates, and having fallen, into a controversy over the dividing line, this action is brought to determine the ownership of the strip in dispute.
The exclusive jurisdiction of writs of entry brought under R. L. c. 179, was conferred upon the Land Court by the St. of 1904, c. 448, which provided in § 8, that any decision whereby any party is aggrieved shall be subject to an appeal to the Superior Court for the county in which the land lies for a jury trial upon…
2Cases cited22 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
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3Cited by6 opinions
- Home Investment Co. v. IovienoMassachusetts Supreme Judicial Court · 1922
- Morse v. ChaseMassachusetts Supreme Judicial Court · 1940
- Abbott v. FrazierMassachusetts Supreme Judicial Court · 1922
- Finlay v. StevensSupreme Court of New Hampshire · 1944
- Rowe v. CollamoreMassachusetts Supreme Judicial Court · 1921
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