Proprietors of Pasture v. Inhabitants of Ipswich
Massachusetts Supreme Judicial Court
Petition, dated August 3, 1888, brought under the Pub. Sts. c. 176, by the Proprietors of Jeffries Neck Pasture, alleged to be a corporation duly established by law, to compel the respondent to try the title to certain lands alleged to belong to the petitioner, and situated in the respondent town. Hearing before Devens, J., who reserved the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The respondent contends that the petitioner is not a person within the meaning of that word as used in the Pub. Sts. c. 176, § 1. But the word “person” may include corporations. Pub. Sts. c. 3, § 3, cl. 16. If the petitioner is a corporation, it may properly maintain a petition of this kind.
To establish its standing in court, it introduces a record of proceedings of incorporation which took place more than fifty years ago, and which are regular and perfect in form. Under them it has been acting as a corporation ever since. The respondent seeks to invalidate these proceedings by showing that…
2Cases cited6 opinions
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Rogers v. GoodwinMassachusetts Supreme Judicial Court · 1807
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
- Prince v. City of LynnMassachusetts Supreme Judicial Court · 1889
- Searsburgh Turnpike Co. v. CutlerSupreme Court of Vermont · 1834
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3Cited by11 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Inhabitants of Enfield v. WoodsMassachusetts Supreme Judicial Court · 1912
- Combs v. DuBoisCourt of Appeals of Arizona · 1982
- Daley v. Town of SwampscottMassachusetts Appeals Court · 1981
6 more not listed; retrieve them via the Exa API.