Morrison v. Chapin
Massachusetts Supreme Judicial Court
Tobt for trespass on real estate. At the trial in the superior court, before Wilkinson, J., it appeared that the land in dispute was woodland, fenced on three sides and part of the way on the fourth by an ancient fence, and having monuments at each of the four corners ; that it had for forty years at least been' a well-understood distinct piece of land, about five acres in area; and that there was open and cleared land adjoining on the three sides fenced.
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Tobt for trespass on real estate. At the trial in the superior court, before Wilkinson, J., it appeared that the land in dispute was woodland, fenced on three sides and part of the way on the fourth by an ancient fence, and having monuments at each of the four corners ; that it had for forty years at least been' a well-understood distinct piece of land, about five acres in area; and that there was open and cleared land adjoining on the three sides fenced. The plaintiffs, asserting a title derived from Jonathan Morrison by a deed from him in December 1863, and by his alleged possession prior…
1Opinion of the CourtBigelow, C. J.
We can see no valid ground of exception to the several rulings to which objection was taken by the plaintiffs at the trial.
1. The instruction as to the acquisition of a title by disseisin, for which the plaintiffs asked, was rightly refused. The demanded premises consisted of a wood-lot. It had never been entirely inclosed by a fence. A portion of one side had always been open, and the fences on the other sides were erected between the lot in question and land which was cleared, and may have been placed there for the purpose of inclosing these adjacent lots, and not in order to indicate…
2Cited by16 opinions
- Putnam v. United StatesSupreme Court of the United States · 1896
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Guiffre v. CarapezzaMassachusetts Supreme Judicial Court · 1937
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Dow v. DowMassachusetts Supreme Judicial Court · 1923
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