Flagg v. Mason
Massachusetts Supreme Judicial Court
Writ of entry, dated August 6, 1884, to recover a tract of woodland in Holden. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the tenant; and the demandant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
The demandant sets up a title, through mesne conveyances, under a deed from one Hobbs to one Davenport, executed in 1863. The tenant holds under a subsequent deed from Hobbs’s heirs. The controversy is whether the demanded premises are embraced in the description of the earlier deed, which they are admitted to be, if the courses and distances are *65to govern; and the question presented by the exceptions is whether there is any such ambiguity in that description as to let in paroi evidence, inconsistent with the courses and distances, and to warrant leaving the matter to the jury.
The description…
2Cases cited3 opinions
- Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Woodward v. NimsMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Newman v. KayWest Virginia Supreme Court · 1905
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
- Goyette v. KeenanMassachusetts Supreme Judicial Court · 1907
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