Bishop v. Burke
Massachusetts Supreme Judicial Court
Writ of entry to recover possession of certain real estate in Rowley. Writ in the Land Court dated April 14, 1908. In the Land Court the case was heard by Davis, J., who found for the tenant' and filed the following report: “ The land in controversy in this case is situated on the westerly side of Central Street in the town of Rowley, and was formerly the property of, and occupied by, the First Universalist Parish of Rowley.
Read the full summary
Writ of entry to recover possession of certain real estate in Rowley. Writ in the Land Court dated April 14, 1908. In the Land Court the case was heard by Davis, J., who found for the tenant' and filed the following report: “ The land in controversy in this case is situated on the westerly side of Central Street in the town of Rowley, and was formerly the property of, and occupied by, the First Universalist Parish of Rowley. A small strip of land covered by the writ is not in controversy and a disclaimer has been filed in regard to it. “ In January, 1878, title to the land in controversy was…
1Opinion of the CourtSheldon, J.
The correctness of the rulings made at the trial depends, as to each one of the issues, upon the question whether there was any evidence tending to prove the affirmative of that issue. The report of the judge of the Land Coiirt made a prima facie case for the tenant, and required a negative answer to each issue unless there was some evidence to the contrary. See St. 1905, c. 288, which had not been repealed when the appeal in this case was taken and entered.* It was assumed, although that question is not before us and we express no opinion upon it, that if these issues were found in the…
2Cases cited13 opinions
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889
- Smith v. SmithIllinois Supreme Court · 1872
- Beacon Trust Co. v. SoutherMassachusetts Supreme Judicial Court · 1903
- Murray v. C. N. Nelson Lumber Co.Massachusetts Supreme Judicial Court · 1887
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- Lamson v. CoulsonMassachusetts Supreme Judicial Court · 1920
- Bishop v. BurkeMassachusetts Supreme Judicial Court · 1913
- Pollard v. KettererMassachusetts Supreme Judicial Court · 1915
4 more not listed; retrieve them via the Exa API.