Todd v. Lunt
Massachusetts Supreme Judicial Court
Tort for forcibly entering upon the plaintiff’s parcel of salt marsh on Plum Island in Rowley, called the “ Pollard lot,” and cutting and carrying away the grass thereon; and for converting the same to the defendant’s use. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed the following bill of exceptions.
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Tort for forcibly entering upon the plaintiff’s parcel of salt marsh on Plum Island in Rowley, called the “ Pollard lot,” and cutting and carrying away the grass thereon; and for converting the same to the defendant’s use. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed the following bill of exceptions. “ This action was heard and determined by the court on finding the facts following: Plaintiff’s record title to the premises, to which his declaration related, was derived exclusively from the deed of George Kimball, collector of taxes of the town of Rowley for…
1Opinion of the CourtField, J.
This case has been argued by the defendant only, and we are not certain that we understand the exceptions.
The exceptions recite that, in the tax deed, the premises “ were not accurately described, as to the boundaries and area thereof, so that the said premises as described could be found.” The description is as follows: “ The whole of the following described real estate, the same being the land taxed as aforesaid, to wit, about four and one half acres of salt marsh at Plum Island, bounded westerly on the river, northerly on a creek, easterly on marsh occupied by John Rogers.” This deed does…
2Cited by1 opinion
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