Legal Opinion

Reynolds v. Boston Rubber Co.

Massachusetts Supreme Judicial Court

Decided November 29, 1893PublishedCited by 11 opinions

Writ oe entry, to recover a parcel of land in Chelsea. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The northerly boundary of the demanded premises, described in the writ as formed by a ditch dug by one Tucker, followed the line of natural demarcation between upland and marsh land, and in general was in the form of a bow, of which the ditch formed the cord.

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Writ oe entry, to recover a parcel of land in Chelsea. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The northerly boundary of the demanded premises, described in the writ as formed by a ditch dug by one Tucker, followed the line of natural demarcation between upland and marsh land, and in general was in the form of a bow, of which the ditch formed the cord. The following facts were agreed upon by the parties. The demandants were, at the time of the bringing of this action the duly appointed…

1Opinion of the CourtAllen, J.

The original owner of the premises now owned by the demandants and by the tenant in 1792 conveyed to the tenant’s predecessor in title a “tract of marsh land” bounded “northwardly on said Blaney upland, a ditch dividing said marsh from said upland,” and in 1808 he conveyed to the demandants’ predecessors in title “ a certain piece of upland ” bounded “ southerly on marsh land, ... a ditch dividing said upland from said marsh land.” The ditch in fact did not exactly follow the line of demarcation between the marsh and upland, which line was curved inward towards the upland something in the…

2Cases cited4 opinions

  1. Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
  2. Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
  3. Miles v. BarrowsMassachusetts Supreme Judicial Court · 1877
  4. Macdonald v. MorrillMassachusetts Supreme Judicial Court · 1891

3Cited by11 opinions

  1. New York Central Railroad v. StonemanMassachusetts Supreme Judicial Court · 1919
  2. Bacon v. Onset Bay Grove Ass'nMassachusetts Supreme Judicial Court · 1922
  3. DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
  4. Menage v. RosenthalMassachusetts Supreme Judicial Court · 1900
  5. Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895

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