Tompkins v. Wyman
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 134, §§ 49, 50, to compel the respondent to bring an action to try his alleged title to a certain parcel of land upon the Great Neck in Marblehead. The respondent claimed to own a portion of the said land, and disclaimed all title to the residue.
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Petition under the Gen. Sts. c. 134, §§ 49, 50, to compel the respondent to bring an action to try his alleged title to a certain parcel of land upon the Great Neck in Marblehead. The respondent claimed to own a portion of the said land, and disclaimed all title to the residue. At the hearing in this court, before Colt, J., the petitioners put in evidence a deed of quitclaim from George F. Odiorne to them of the premises described in their petition, dated February 12, 1872, with testimony which, in the judgment of the presiding judge, proved that the petitioners entered upon the premises…
1Opinion of the CourtMorton, J.
The tract of land which this suit concerns was originally owned by commoners. In 1723 it was divided among the proprietors by metes and bounds, and was thereafter held *561by them in severalty, but was used and improved by them in common as a pasture, they acting as a quasi corporation. The proprietors thus improved the lands up to 1845, when they ceased to hold meetings, the most of them having sold their interests to Ephraim Brown, through whom the petitioners claim. The respondent proved that he owned the lands described in his answer, and that up to 1872 he, and those under whom he claimed,…
2Cited by8 opinions
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Slater v. Inhabitants of ManchesterMassachusetts Supreme Judicial Court · 1894
- Marshall v. WalkerSupreme Judicial Court of Maine · 1900
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- Orthodox Congregational Society v. Inhabitants of GreenwichMassachusetts Supreme Judicial Court · 1887
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