Hughes v. Williams
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on August 11, 1909, for the registration of the title to land on Cambridge Street in Cambridge. The petition was heard in the Land Court by Davis, J., who ordered a decree for the petitioner. Upon an appeal by the respondent under St. 1905, c. 288, the issues stated in the opinion were framed and were tried before Hardy, J. Other proceedings and the evidence at the trial are described fully in the opinion.
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Petition, filed in the Land Court on August 11, 1909, for the registration of the title to land on Cambridge Street in Cambridge. The petition was heard in the Land Court by Davis, J., who ordered a decree for the petitioner. Upon an appeal by the respondent under St. 1905, c. 288, the issues stated in the opinion were framed and were tried before Hardy, J. Other proceedings and the evidence at the trial are described fully in the opinion. The findings upon the issues were favorable to the respondent; and the petitioner alleged exceptions.
1Opinion of the CourtBraley, J.
The petitioner, under his application for registration in fee of the land in controversy, had the burden of proving title in himself, which did not shift, although the weight or preponderance of the evidence might change from one side to the other during the proceedings. Bigelow Carpet Co. v. Wiggin, 209 Mass. 542. Carroll v. Boston Elevated Railway, 200 Mass. 527, 536. Faxon v. Folvey, 110 Mass. 392, 395. Jackson on Real Actions, 156, 157, 158.
It appears that he derives his alleged ownership from a sheriff’s deed given on an execution sale under an attachment made in an action brought by one…
2Cases cited23 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
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3Cited by9 opinions
- Flynn v. WallaceMassachusetts Supreme Judicial Court · 1971
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1918
- Hillside Co-operative Bank v. CavanaughMassachusetts Supreme Judicial Court · 1919
- Ratshesky v. PiscopoMassachusetts Supreme Judicial Court · 1921
- American Soda Fountain Co. v. ParsonsCourt of Appeals for the First Circuit · 1929
4 more not listed; retrieve them via the Exa API.