Macdonald v. Morrill
Massachusetts Supreme Judicial Court
Writ op entry, to recover a parcel of land in Norwood. Trial in the Superior Court, before Pitman, J., who ordered a verdict for the tenants, and reported the case for the determination of this court. The facts appear in the opinion. The case was argued at the bar in November, 1890, and afterwards, in June, 1891, was submitted on the briefs to all the judges except Lathrop and Barker, JJ.
1Opinion of the CourtHolmes, J.
This is a writ of entry for a piece of land lying between the presént and the former channel of the Neponset River. The former channel was a bow, the present is a straight line making a chord of the bow. The demandant’s grantor owned land north of the river, including the demanded premises, and conveyed to the demandant a tract bounded “ southerly by the Neponset River.” The point in dispute at the trial was whether the demandant took to the old or only to the new channel. The tenants owned land south of the river, and the demandant’s evidence was that before the conveyance to her they had…
2Cases cited2 opinions
- Bischoff v. WetheredSupreme Court of the United States · 1870
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
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- Segar v. BabcockSupreme Court of Rhode Island · 1893
- Hunt v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- McCandless v. Du RoiHawaii Supreme Court · 1915