McMahan v. Bowe
Massachusetts Supreme Judicial Court
Writ of entry to recover a strip of land on I Street, South Boston, the strip being three feet in breadth on the street, and extending back from the street in length forty-five feet. Writ dated June 19, 1871. Plea nul disseisin. At the trial in the Superior Court, before Pitman, J., it appeared that the demandant and tenant owned adjoining estates upon I Street, the northerly estate belonging to the tenant.
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Writ of entry to recover a strip of land on I Street, South Boston, the strip being three feet in breadth on the street, and extending back from the street in length forty-five feet. Writ dated June 19, 1871. Plea nul disseisin. At the trial in the Superior Court, before Pitman, J., it appeared that the demandant and tenant owned adjoining estates upon I Street, the northerly estate belonging to the tenant. Formerly one Whittemore owned land on I Street which included the land of the tenant, that of the demandant, and also the land upon the south of the demandant. This land was conveyed by…
1Opinion of the CourtMorton, J.
This is a writ of entry. The tenant at the trial denied the seisin of the demandant, and claimed title in himself by adverse possession. The rulings of the court as to his claim of adverse possession were sufficiently favorable to the demand-ant, and were not excepted to by her. The only question before us is as to the correctness of the rulings upon the issue whether the demandant had proved her seisin.
It appeared that the locus was conveyed to the demandant’s husband in 1854; that he died in 1862, and that in 1864 his heir at law conveyed it to the demandant. There was evidence tending to…
2Cases cited3 opinions
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- Farnum v. PetersonMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
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