Ellis v. Marshall
Massachusetts Supreme Judicial Court
Ejectment. The plaintiff claimed under a sale by the “ Front Street Corporation in the town of Boston,” established by a law of the commonwealth, passed March 6, 1804. (1) By this statute sundry persons, and amongst them the defendant, Marshall, described as “ being owners and proprietors of the lands and flats over which the said street will pass, and of the lands and flats adjoining thereto,” are incorporated for the purpose of making a street in the town of Boston.
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Ejectment. The plaintiff claimed under a sale by the “ Front Street Corporation in the town of Boston,” established by a law of the commonwealth, passed March 6, 1804. (1) By this statute sundry persons, and amongst them the defendant, Marshall, described as “ being owners and proprietors of the lands and flats over which the said street will pass, and of the lands and flats adjoining thereto,” are incorporated for the purpose of making a street in the town of Boston. By the third section of the statute, the corporation are authorized to assess upon all the owners and proprietors of said land…
1Opinion of the CourtParker, J.
From the foregoing facts, and the arguments thereon by the counsel, it appears that all the proceedings of the corporation relative to the assessment and sale were correct; so that if Marshall were, at the time thereof, a member of the corporation, the title to the demanded premises in Ellis could not be disputed.
[ * 276 ] * We are therefore necessarily brought to the question, indeed the only one in the case, whether Marshall, by-virtue of the act aforesaid, became a member of the said corporation, subject to its rules and regulations, and liable to be assessed for the purpose of building…
2Cases cited2 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Inhabitants of Hampshire v. Inhabitants of FranklinMassachusetts Supreme Judicial Court · 1819
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- Ober v. GallagherSupreme Court of the United States · 1876
- Stevens v. Rutland & Burlington RailroadSupreme Court of Vermont · 1851
- State Ex Rel. Pearson v. HayesSupreme Court of New Hampshire · 1881
- Dartmouth College v. WoodwardSupreme Court of the United States · 1819
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