Eastern Railroad v. Allen
Massachusetts Supreme Judicial Court
Writ oe entry, dated December 18, 1880, to recover a parcel of flats in that part of Boston formerly Charlestown. At the trial in the Superior Court, without a jury, before Aldrich, J., it appeared that the flats in question were originally flowed by tide water, and that they now lay under and on the easterly side of a tide-mill pond. It was admitted that the pond was originally a cove, across the mouth of which, as early as 1645, a dam had been built.
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Writ oe entry, dated December 18, 1880, to recover a parcel of flats in that part of Boston formerly Charlestown. At the trial in the Superior Court, without a jury, before Aldrich, J., it appeared that the flats in question were originally flowed by tide water, and that they now lay under and on the easterly side of a tide-mill pond. It was admitted that the pond was originally a cove, across the mouth of which, as early as 1645, a dam had been built. The demandant claimed title to the land by virtue of a lost grant of the fee from the rightful proprietor, either the Colony or the town of…
1Opinion of the CourtC. Allen, J.
The demandant contended, at the trial, that it had an absolute title in fee to the flats in controversy, .by virtue of an exclusive, notorious and adverse possession thereof, continued for more than twenty years, by itself and by those under whom it claimed; and it was so found. If this finding was warranted by the evidence, the judgment must be for the demandant.
As bearing upon this question, there was a large body of evidence, which tended to show the following facts, among others: The Proprietors of the Middlesex Canal, from whom, through mesne conveyances, the demandant’s title was…
2Cases cited1 opinion
- Tufts v. City of CharlestownMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
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- Adams v. ClappSupreme Judicial Court of Maine · 1895
- Roberts v. RichardsSupreme Judicial Court of Maine · 1891
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