Legal Opinion

Peirce v. Boston & Lowell Railroad

Massachusetts Supreme Judicial Court

Decided April 16, 1886PublishedCited by 17 opinions

Writ op entry, dated May 17,1883, to recover a parcel of land in Concord. Plea, nul disseisin, with a disclaimer of any title to the demanded premises except an easement therein. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The demandant was the owner of the premises described in the writ, and of other large tracts of land in the neighborhood.

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Writ op entry, dated May 17,1883, to recover a parcel of land in Concord. Plea, nul disseisin, with a disclaimer of any title to the demanded premises except an easement therein. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The demandant was the owner of the premises described in the writ, and of other large tracts of land in the neighborhood. She had her home place, consisting of a dwelling-house and a barn within a short distance of the demanded premises. The tenant succeeded to all the…

1Opinion of the CourtW. Allen, J.

The tenant has all the rights in the demanded premises which are given to a railroad corporation in land taken *485for depot and station purposes, under the St. of 1874, c. 372, § 60 (Pub. Sts. c. 112, § 91); and the demandant has all the rights of the owner in fee from whom the land was so taken. The tenant has disclaimed all title except to an easement, and thus admitted of record all the title which the demandant has. So far as affects the title, it is immaterial whether judgment on this issue be for the demandant or for the tenant. If, however, the demandant can show that she was in fact…

2Cases cited1 opinion

  1. Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870

3Cited by17 opinions

  1. Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
  2. Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  3. Gurney v. Minneapolis Union Elevator Co.Supreme Court of Minnesota · 1895
  4. Sparrow v. Dixie Leaf Tobacco Co.Supreme Court of North Carolina · 1950
  5. Capreal, Inc. v. United StatesUnited States Court of Federal Claims · 2011

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