Littlefield v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Writ of entry, dated August 16, 1884, to recover a parcel of land in Newton. Plea, nul disseisin. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, was as follows: The demanded premises were a strip of land bounded on the east by Rowe Street, on the north by land of the demandant, on the west by land now or late of Washburn, and on the south by land of the tenant.
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Writ of entry, dated August 16, 1884, to recover a parcel of land in Newton. Plea, nul disseisin. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, was as follows: The demanded premises were a strip of land bounded on the east by Rowe Street, on the north by land of the demandant, on the west by land now or late of Washburn, and on the south by land of the tenant. The northerly line of the demanded premises was indicated by a retaining wall recently erected by the tenant, and the southerly line by a straight line, which was at its…
1Opinion of the CourtKnowlton, J.
The evidence at the trial tended to show, and the jury must have found, that from the year 1852 to the year 1880 the demandant occupied openly, adversely, exclusively, and continuously so much of the demanded property as was described by the jury in their verdict. The tenant did not contradict this evidence, but rested its defence solely upon certain deeds and accompanying evidence, under which it claimed an early title, and upon the St. of 1861, c. 100, which prevented the acquisition of titles by adverse possession against railroad companies in certain cases. If it showed such an ownership…
2Cited by6 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Spottiswoode v. Morris & Essex RailroadSupreme Court of New Jersey · 1898
- Northern Pacific Railway Co. v. Abner TownsendSupreme Court of Minnesota · 1901
- Hall v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Maney v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1894
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