Legal Opinion

Alden v. Murdock

Massachusetts Supreme Judicial Court

Decided July 15, 1816PublishedCited by 18 opinions

Entry sur disseizin. The demandant counts upon his own seizin within thirty years, and upon a disseizin by the tenant. Trial upon the general issue, before the Chief Justice, at an adjourned session of the Court, holden at Plymouth in April, 1815. A verdict was taken for the tenant, subject to the opinion of the whole Court upon the following facts.

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Entry sur disseizin. The demandant counts upon his own seizin within thirty years, and upon a disseizin by the tenant. Trial upon the general issue, before the Chief Justice, at an adjourned session of the Court, holden at Plymouth in April, 1815. A verdict was taken for the tenant, subject to the opinion of the whole Court upon the following facts. The land demanded was formerly used as a way, which has been lately discontinued ; and the demandant’s title was proved, provided, under the circumstances of the case, the land over which the way passed reverted to him upon the discontinuance of…

1Opinion of the Court

The cause stood continued to this term for advisement; and now the opinion of the Court was delivered by

Parker, C. J.

It must be taken for granted^ from the facts reported in this case, that Joseph Warren, the original owner of the lot of land over which the road passed, was the proprietor of the whole lot, including the way which is supposed then to have existed ; and that this way was only an easement, acquired by the town or the public, either by the grant of Warren, or his predecessors, or by prescription, or by a lawful appropriation of it under the then existing provisions for the…

2Cited by18 opinions

  1. Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
  2. Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
  3. Gardiner v. TisdaleWisconsin Supreme Court · 1853
  4. Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
  5. Bush v. BrainardNew York Supreme Court · 1823

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