Barker v. Kennard
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on January 21, 1910, for the registration of the title to certain land in Plymouth. The respondent claimed title to a portion of the land by disseisin and adverse possession for more than twenty years. Issues framed on an appeal from the Land Court, as stated in the opinion, were tried in the Superior Court before Dubuque, J. The material evidence is stated in the opinion.
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Petition, filed in the Land Court on January 21, 1910, for the registration of the title to certain land in Plymouth. The respondent claimed title to a portion of the land by disseisin and adverse possession for more than twenty years. Issues framed on an appeal from the Land Court, as stated in the opinion, were tried in the Superior Court before Dubuque, J. The material evidence is stated in the opinion. At the close of the evidence, the petitioner asked for the following rulings: “ 1. That, upon all the evidence, the respondent did not acquire title by adverse possession, to any portion of…
1Opinion of the CourtPierce, J.
This is an appeal from the Land Court for a jury trial with two issues framed as follows: "1. Has the respondent acquired title by adverse possession of any portion of the land claimed by the petitioner in this case, and, if so, to what portion? 2. Has the respondent acquired by prescription, the right to maintain dams or dikes on the land claimed by the petitioner in this case, and, if so, where?” The jury returned an answer to the first issue as follows: “The jury answers Yes, to that portion of the land contained inside of the red line marked upon the plan, Exhibit Ho. 3.” The judge…
2Cases cited7 opinions
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
- Inhabitants of Cohasset v. MoorsMassachusetts Supreme Judicial Court · 1910
- Donnell v. HumphreysMontana Supreme Court · 1872
- Boston Mill Corp. v. BulfinchMassachusetts Supreme Judicial Court · 1810
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3Cited by4 opinions
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- Town of Nantucket v. MitchellMassachusetts Supreme Judicial Court · 1930
- Rothery v. MacDonaldMassachusetts Supreme Judicial Court · 1952
- Davenport v. Town of DanversMassachusetts Supreme Judicial Court · 1957