Howard v. Trustees of the College of the Holy Cross
Massachusetts Supreme Judicial Court
Writ of entry to recover “ a certain tract of land situated in Worcester on the easterly side of Southbridge Street; bounded and described as follows : commencing at a point on the easterly side of Southbridge Street where College Street intersects South-bridge Street, thence northerly on said Southbridge Street three hundred and forty feet to the river, thence easterly on said river forty-eight and one half feet to a willow tree, thence southerly on land of the tenants…
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Writ of entry to recover “ a certain tract of land situated in Worcester on the easterly side of Southbridge Street; bounded and described as follows : commencing at a point on the easterly side of Southbridge Street where College Street intersects South-bridge Street, thence northerly on said Southbridge Street three hundred and forty feet to the river, thence easterly on said river forty-eight and one half feet to a willow tree, thence southerly on land of the tenants three hundred and sixty-five feet to the first mentioned bound. Plea, nul disseisin. Trial in the Superior Court before…
1Opinion of the CourtGray, C. J.
The demandant might maintain his title to the demanded premises, either by an express grant, or by adverse possession, or by grant as to part and adverse possession as to the rest. His claim and possession of the whole might be adverse, although his paper title was proved to cover part only. There was therefore no error of law in the admission of evidence, or in overruling the mbtion for a new trial.
Nor can the motion in arrest of judgment be sustained. The description in the writ, to which it is admitted that the general verdict for the demandant must be applied, does not appear upon ts face…
2Cases cited2 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Garvin v. DeanMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- McGrath v. LynchMassachusetts Supreme Judicial Court · 1948