Scaplen v. Blanchard
Massachusetts Supreme Judicial Court
Writ of entry, dated February 26, 1901, for a parcel of land in Lynn. The tenant pleaded nul disseisin. In the Superior Court the case was tried before Pierce, J., without a jury. The demand-ant requested the judge to rule: 1, that .upon all the evidence the demandant was entitled to recover, and 2, that the demand-ant had as against the tenant the record title to the premises described in the writ.
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Writ of entry, dated February 26, 1901, for a parcel of land in Lynn. The tenant pleaded nul disseisin. In the Superior Court the case was tried before Pierce, J., without a jury. The demand-ant requested the judge to rule: 1, that .upon all the evidence the demandant was entitled to recover, and 2, that the demand-ant had as against the tenant the record title to the premises described in the writ. The judge refused to give either of these rulings, and made the following finding: [The judge finds] “so far as it is within the power of the court to find as a fact that the deed of February 28,…
1Opinion of the CourtKnowlton, C. J.
The commissioner, appointed to consider the petition to prove exceptions, has made a report presenting a bill of exceptions agreed to by both parties, which is the original bill with slight amendments, and which he finds to be in all respects conformable to the truth. It also appears that the original bill was drawn in good faith, in the belief that it fairly set forth the rulings and the evidence, and the commissioner finds that the disallowance of it resulted from a misunderstanding between the parties. We therefore will consider the questions presented by the exceptions.
In 1871 the tenant…
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