Bowditch v. Gardner
Massachusetts Supreme Judicial Court
Petition under Gen. Sts. c. 134, §§ 49, 50, and St. 1873, c. 178, to quiet the petitioner’s title. The petition alleged that the petitioner was in possession of and claimed “ an estate of freehold in a certain dwelling-house and land under and adjoining the same, situate in Salem aforesaid, bounded easterly on Turner Street, there measuring twenty-two feet and six inches, southerly on land formerly of Ebenezer Bowditch eighty-one feet, westerly on land formerly of George…
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Petition under Gen. Sts. c. 134, §§ 49, 50, and St. 1873, c. 178, to quiet the petitioner’s title. The petition alleged that the petitioner was in possession of and claimed “ an estate of freehold in a certain dwelling-house and land under and adjoining the same, situate in Salem aforesaid, bounded easterly on Turner Street, there measuring twenty-two feet and six inches, southerly on land formerly of Ebenezer Bowditch eighty-one feet, westerly on land formerly of George Hodges, there measuring twenty feet and four inches, northerly partly by land formerly of John Emmerton, and partly by a…
1Opinion of the CourtGray, C. J.
This petition is filed under the Gen. Sts. c. 134, §§ 49, 50, and the St. of 1873, c. 178, for the purpose of quieting the petitioner’s title in a house and land, and in an easement *317appurtenant thereto, by compelling the respondent to bring an action against him to try the same.
By the Gen. Sts. c. 134, § 49, “ any person in possession of real property, claiming an estate of freehold or an unexpired term of not less than ten years,” may file such a petition. But by § 50, “ if the respondent appears and disclaims all right and title adverse to the petitioner, he shall recover his costs.” And…
2Cited by2 opinions
- Marshall v. WalkerSupreme Judicial Court of Maine · 1900
- Boston Manufacturing Co. v. BurginMassachusetts Supreme Judicial Court · 1874