Legal Opinion

Lovejoy v. Lovett

Massachusetts Supreme Judicial Court

Decided March 1, 1878PublishedCited by 36 opinions

Writ of entry to recover a parcel of land in Malden, being the parcel between Salem Street and the most northerly dotted line as shown on the following plan: Plea, nul disseisin, and a disclaimer of title, which was accepted, as to so much of the parcel as lies between Salem Street and the southerly dotted line, leaving the parcel between the dotted lines in dispute.

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Writ of entry to recover a parcel of land in Malden, being the parcel between Salem Street and the most northerly dotted line as shown on the following plan: Plea, nul disseisin, and a disclaimer of title, which was accepted, as to so much of the parcel as lies between Salem Street and the southerly dotted line, leaving the parcel between the dotted lines in dispute. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The demandant put in evidence a deed of Ezra Holden to the tenant, dated May 7, 1829; also a deed of the tenant to Sarah…

1Opinion of the CourtMorton, J.

The only controversy between the parties in this case is as to the true position of the northerly line of the lot conveyed by the tenant to Wentworth, through whom the demandant claims title.

It is impossible to understand and apply the description of the deed, without the aid of the plan used at' the trial, showing the surrounding land and buildings. Upon reference to this *273plan, it appears that the northerly line claimed by the demand-ant runs from land of Mrs. M. A. Lovett, by land formerly of Samuel Wait, but which belonged to the tenant at the date of nis deed to Wentworth, through a house…

2Cases cited1 opinion

  1. Payne v. CommonwealthCourt of Appeals of Kentucky · 1858

3Cited by36 opinions

  1. Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
  2. Thompson v. HillSupreme Court of Georgia · 1912
  3. New York Central Railroad v. StonemanMassachusetts Supreme Judicial Court · 1919
  4. Winchester v. GlazierMassachusetts Supreme Judicial Court · 1890
  5. Cashman v. BeanMassachusetts Supreme Judicial Court · 1917

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