Van Allen v. Sweet
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 7, 1920, to compel the defendant to remove a stone wall alleged by the plaintiff to be maintained by the defendant upon the plaintiff’s land. The suit was referred to a master, who found facts, described in the opinion, and, upon the facts so found and as an inference therefrom, found that the defendant had not adversely held possession of the stone wall over the boundary line for a period of twenty years.
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Bill in equity, filed in the Superior Court on July 7, 1920, to compel the defendant to remove a stone wall alleged by the plaintiff to be maintained by the defendant upon the plaintiff’s land. The suit was referred to a master, who found facts, described in the opinion, and, upon the facts so found and as an inference therefrom, found that the defendant had not adversely held possession of the stone wall over the boundary line for a period of twenty years. To this finding and inference the defendant filed an objection and an exception. The suit was heard by Lawton, J., upon the defendant’s…
1Opinion of the CourtCrosby, J.
The plaintiff is the owner of a parcel of land on the easterly side of Dwight Street in Springfield; the defendant owns an undivided one half interest in a lot of land situated on the westerly side of Chestnut Street. The land of the defendant abuts on the land of the plaintiff on the east for a distance of thirty-one and fifty-five one hundredths feet from the southeasterly corner of the plaintiff’s land. Between the two parcels there is a stone retaining wall, constructed by the defendant’s predecessor in title prior to 1898. It is between sixteen and seventeen feet high and over a foot in…
2Cases cited7 opinions
- Bond v. O'GaraMassachusetts Supreme Judicial Court · 1900
- Searles v. DeladsonSupreme Court of Connecticut · 1908
- Layton v. BaileySupreme Court of Connecticut · 1904
- Jordan v. RileyMassachusetts Supreme Judicial Court · 1901
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kendall v. SelvaggioMassachusetts Supreme Judicial Court · 1992
- Ottavia v. SavareseMassachusetts Supreme Judicial Court · 1959
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- LaChance v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1938
- Tucker v. PochMassachusetts Supreme Judicial Court · 1947
14 more not listed; retrieve them via the Exa API.