Litchfield v. Inhabitants of Scituate
Massachusetts Supreme Judicial Court
Writ of entry, dated September 20, 1877, in two counts, to recover two parcels of land in Scituate, each consisting of upland and flats. Plea, nul disseisin as to the flats, and a disclaimer of title as to the upland. Trial in the Superior Court, before Bacon, J., who, after a verdict for the tenant on the question whether the demandant had acquired title by adverse possession, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtField, J.
The tenant has disclaimed as to all the premises demanded above mean high-water mark, and only the title to the seashore below high-water mark is in dispute. It does not appear whether the sea at any point ebbs “above a hundred rods.” Both parties claim title under the Colony of Plymouth, and the tenant does not deny the rightful power of the Colony to convey title to the shore of the sea. The premises demanded in the first count contain two parcels, which, so far as they border upon the sea, have come to the demandant from Ward Litchfield, and to him by two different lines of conveyances…
2Cases cited4 opinions
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- City of Lynn v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1873
- Gerrish v. GaryMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Burke v. CommonwealthMassachusetts Supreme Judicial Court · 1933
- Makepeace Bros. v. Town of BarnstableMassachusetts Supreme Judicial Court · 1935
- Perry v. WeeksMassachusetts Supreme Judicial Court · 1884
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