Noyes v. Morrill
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in New-bury. Writ dated September 25, 1865. The defendant sought to justify his alleged acts of trespass under claim of a right of way across the close.
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Tort for breaking and entering the plaintiff’s close in New-bury. Writ dated September 25, 1865. The defendant sought to justify his alleged acts of trespass under claim of a right of way across the close. Trial in the superior court, before Putnam, J., who allowed the following bill of exceptions : “ The plaintiff claimed title under a deed of the premises from the heirs and widow of Robert Watt, dated December 24, 1862 ; a deed from Benjamin Pearson to Robert Watt, dated December 13, 1836; and a deed of the heirs of Robert Watt, who died in 1855, of a life estate in the same to his widow,…
1Opinion of the CourtColt, J.
This bill of exceptions is not precise in some of its statements of title.
*399The declarations of Watt in 1833 were not admissible to charge the plaintiff’s estate with an easement in favor of those under whom the defendant claims. There was no evidence that Watt was then the owner of the land or claimed any interest therein. At most, he was only in the occupation of the premises, and acquired title afterwards by the deed to him in 1835. The nature of his tenancy before that does not appear.
The declarations of a former owner are admissible to qualify or disparage his title to the exclusive use…
2Cases cited1 opinion
- Morrison v. ChapinMassachusetts Supreme Judicial Court · 1867
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