Jordan v. Riley
Massachusetts Supreme Judicial Court
Writ oe entry demanding possession of a parcel of land on the northerly side of Wentworth Street in Malden, filed March 1, 1900. In the Superior Court, the case was heard by Bond, J., upon the following agreed facts: The demandant and the tenant were the owners in fee of adjoining estates. The land demanded was a strip of land about one hundred and twelve feet long and from three to four feet wide and enclosed by the tenant’s fence with the land claimed and occupied by her.
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Writ oe entry demanding possession of a parcel of land on the northerly side of Wentworth Street in Malden, filed March 1, 1900. In the Superior Court, the case was heard by Bond, J., upon the following agreed facts: The demandant and the tenant were the owners in fee of adjoining estates. The land demanded was a strip of land about one hundred and twelve feet long and from three to four feet wide and enclosed by the tenant’s fence with the land claimed and occupied by her. The demandant claimed title to the demanded premises under two deeds: the southerly portion of the demanded premises by…
1Opinion of the CourtHolmes, C. J.
The main point of this case is covered by Wishart v. McKnight, ante, 356. The demandant was disseised continuously for more than twenty years. Pub. Sts. c. 196, § 1. It is not material, if it be a fact, that the successive occupants of the tenant’s lot claimed the disputed strip only because they were under a mistake as to where the boundary line would fall when the deeds were applied to the land. Harrison v. Dolan, 172 Mass. 395. Bond v. O'Gara, 177 Mass. 139.
Judgment for tenant affirmed.
2Cases cited2 opinions
- Bond v. O'GaraMassachusetts Supreme Judicial Court · 1900
- Harrison v. DolanMassachusetts Supreme Judicial Court · 1899
3Cited by13 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Rennert v. ShirkIndiana Supreme Court · 1904
- Holmes v. JohnsonMassachusetts Supreme Judicial Court · 1949
- Van Allen v. SweetMassachusetts Supreme Judicial Court · 1921
- Luce v. ParsonsMassachusetts Supreme Judicial Court · 1906
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